
Glass 

Book - j/f <P ^ 



LAWS OF WISCONSIN 



RELATING TO 



COMMON SCHOOLS 

Free High Schools 
Normal Schools 
County Training Schools 
County Agricultural Schools 
State Graded Schools 
The State University 



AND 



COUNTY AND CITY SUPERINTENDENTS, 
TEACHERS' INSTITUTES, ETC. 



PUBLISHED UNDEE DIRECTION OF 

C. P. CARY, State Superintendent 




MADISON, WIS. 

Democrat Printing Company, State Printer 

1»09 



>n 



>j 



lAY i.ai9l9 



TABLE OF CONTENTS. 



Page 
I. Formation, Alteration, Meetings and Powers of Dis- 
tricts 1-34 

11. District Officers 35-70 

III. Certificates and. Examinations 71-91 

IV. Tlie County and the City Superintendent 92-107 

V. Reports 108-113 

VI. Duties of Town, Village and City Officers as to Public 

Instruction 114-116 

VII. Assessment and Collection of District Taxes 117-120 

VIII. Borrowing Money 121-130 

IX. Schoolhouse Sites 131-134 

X. Libraries 135-142 

XL Collection of Judgments Against School Districts 143-144 

XII. Free High Schools 145-164 

XIII. Union Free High Schools 165-171 

XIV. State Graded Schools 172-176 

XV. Rural Schools 177-179 

XVI. Township System of School Government 180-195 

XVII. County Training Schools for Teachers 196-201 

XVIII. County Schools of Agriculture and Domestic Science. . 202-205 

XIX. Day Schools for the Deaf and for the Blind 206-208 

XX. Trade Schools 209-212 

XXI. State Mining Schools 213-216 

XXII. State Normal Schools 217-224 

XXIII. Of the University 225-233 

XXIV. Public Schools in Cities 234-246 

XXV. Teachers' Retirement Fund 247-250 

XXVI. General Charter La^yv Dividing Cities into Classes and 

Providing for their Incorporation and Government. 251-259 

XXVII. Appeals 260-264 

XXVIII. Miscellaneous Laws 265-293 

XXIX. Constitutional Provisions 294-295 

XXX. Of the Distribution of the School Fund Income 296-301 

XXXI. The State Superintendent 302-306 

XXXII. Forms 307-344 

XXXIII. Index 345 



TO SCHOOL OFFICERS. 



This volume is public property, and belongs to the common 
school district, the high school district, the township district, or 
the city or county superintendent district to which it is sent. 
The copy sent to the district clerk is to be kept in his office, 
for his own use and that of the other members of the board, but 
it may be loaned to any voter of the district, for a time not to 
exceed five days. The book should not, however, be loaned to 
any one, if an annual, special, or adjourned meeting is to take 
place within ten days; it should be kept in the possession of 
the clerk, and produced by him at such meeting, for consultation 
by the voters. 

The volume which comes to each town clerk is to be kept by 
him in his office, for his official use, and for the use of the town 
board of supervisors. 

These volumes are the property of the school districts, or of 
the towns, and not the property of the officers in whose posses- 
sion they may be placed. They hold them only in their official 
capacity. The copies should be carefully preserved, and with 
the other school district or town records and property, handed 
over to successors in office, and a receipt taken for them. 



NOTE TO THE READEE. 



This edition of the school code is' rendered necessary not only 
in consequence of the changes made in the school laws by the 
legislatures of 1907 and 1909, but also by the fact that all for- 
mer editions have been completely exhausted. In this edition 
the laws relating to common schools, free high schools, normal 
schools, and the university of "Wisconsin, as well as those re- 
lating to county and city superintendents, and teachers' insti- 
tutes, are to be found. No material changes of comments to be 
found in former editions have been made, except when made 
necessary by changes in the law, recent decisions of the court, 
or correspondence has shown that some comment or statute is 
not clearly understood. 

An ef£ort has been made to place, as far as possible, all the 
laws relating to any subject in their proper connection, and in 
some few instances, a section found in the newly enacted chap- 
ter and closely related to a law found in another part of the 
volume, may be found re-printed in the latter connection. 

Much care has been taken to make the index full and com- 
plete in order that the law bearing upon any particular subject 
may readily be found in all its various relations. 



SCHOOL LAWS OF WISCONS 

(Chapter 27, Wisconsin Statutes.) 



L— FOEMATION, ALTEKATION, MEETINGS, 
AND POWERS OF DISTRICTS. 



FORMATION AND ALTERATION OF DISTRICTS. 

Authority of town board. Sec-tion 412. The town board 
shall have power to alter or unite existing and to form new dis- 
tricts. The territory of a district shall be contiguous and em- 
brace not more than thirty-six square miles. If a district con- 
tract debt it shall not be so altered by taking its territory as to 
leave such debt exceeding five per cent, of the last assessed 
valuation of the taxaible property remaining. 

The local authority for determining school district boundaries and 
creating new districts is vested in town boards of supervisors. They 
may act in the formation of school districts and alteration of district 
boundaries on their own motion and without waiting for any petition. 
There must be no failure on the part of the town officers to have the 
notices served as required by section 418, and a "return" to the effect 
that the notices have been properly served, etc., must be filed in the 
office of the town clerk of each town in any way interested. 

The above section provides that a school district shall not exceed 
thirty-six square miles in area. No limit below thirty-six square miles 
is fixed for the area of any district. The supervisors niay exercise 
their discretion in determining the number of districts necessary to 
meet the local conditions and needs of the various communities in the 
town. Under this section all school districts of any town not exceed- 
ing thirty-six miles in area may be consolidated or united by the 
board of supervisors upon its owai motion into one school district 
when in the judgment of the supervisors such action is deemed to 
serve the best school interests of the town. When a town comprises 
but one school district a sufficient number of school houses, properly 



2 SCHOOL LAW'S OF WISCONSIN. 

located may be provided by the electors of that school district at any 
annual or special meeting, to meet the demands of the school popu- 
lation. Districts should be as compact in form as the natural feat- 
ures of the country will permit and should embrace sufficient wealth 
to enable them to maintain sufficient schools without burdensome tax- 
ation, and school population sufficient to elicit the best efforts of the 
teacher and give continued zest to the school. 

Section 263, Revised Statutes, provides that no district which is in- 
debted to the trust funds of the state can be altered by taking there- 
from any land included therein at the time of obtaining such loan 
without obtaining the consent of the land commissioners of the state, 
and only upon such terms as they shall prescribe, until such loan is 
fully paid. 

How altered, formed, etc. ; notice of first meeting. Sec- 
tion 413 (as amended by Chapter 268, Laws of 1905). The 
town board shall make a written order describing the terri- 
tory affected by the alteration, union or formation of districts 
and file the same, within twenty days, with the town clerk, and 
when districts are to be united or a new district formed, deliver 
to a taxable inhabitant of the new district their notice in writing 
describing its boundaries and appointing a time and place for 
the first district meeting, and therein direct such inhabitant to 
notify all of the qualified voters of the district, either person- 
ally or by leaving a written notice at his place of residence, of 
the time and place of such meeting at least five days before the 
time appointed therefor; and said inhabitant shall notify the 
voters of such district accordingly, and indorse thereon a return 
containing the names of all persons thus notified and said notice 
and return shall be recorded as a part of the record of the first 
meeting in such district. Provided that an unintentional omis- 
sion to so notify not to exceed one-sixth of said voters shall not 
invalidate said notice. 

Sections 474, 475, 476, 476a, statutes of 1898, and chapters 40 and 
342, laws of 1901, authorize school districts to borrow money in certain 
cases. For mode of procedure, see comments under section 476 and fol- 
lowing of „this volume. 

The order forming a new district should describe its territory by the 
government surveys; that is, the order should describe the parcels of 
land embraced in the new district. See Form No. 1. 

This section provides for the formation of districts or the union of 
districts, and the order may take effect immediately. See section 419. 

The notice for which this section provides should be read in the hear- 
ing of each voter. Where this is impracticable a copy of the notice 
must be left at the residence of the voter. 

The notice for the first meeting of the new district must be served 
as early as the sixth day before the day named for such meeting, as 
the day on which the notice is served is not counted. See Forms Nos. 
2 and 3. 

Not only the names of all persons notified, but the manner in which 
the notice was given to them must be embraced in the "return" made. 
"All returning officers are ministerial, and are bound to set forth in 



FORMATION AND ALTERATION OF DISTRICTS. 3 

their returns all acts clone by them, that the proper tribunal may 
judge of their sufficiency. They are not competent to judge of the 
legality of a notice or service; and a "return" that a precept has been 
legally served, or that the duty enjoined by the warrant has been duly 
performed, would most clearly be insufficient." 12 Pick., 206. 

The "return" is the only competent evidence of the service of the 
warrant and is to be endorsed on the notice read to the voters and 
signed by the person giving the notices. This document should be pro- 
duced at the first meeting, and filed with the records of the district. 
See Form No. 4. 

Another method of giving notice. Section 414. If sucli 
notice be not given or if the inhabitants being so notified re- 
fuse to meet, or if there be no competent authority in the dis- 
trict to call a special meeting the town board shall give and 
cause to be served the notice as prescribed in section 413. 

See Form 2. 

The qualifications of electors are defined in sections 428 and 428a. 
The inhabitants having assembled in compliance with the call for which 
the section provides, the meeting should be organized by the election 
of a chairman and clerk pro tempore, and then proceed to the election 
of officers according to the provisions of sections 430 and 431. Section 
416, and the comments following, describe the mode of procedure. 

Formation of joint districts. Section 415. If a district is 
to be formed from adjoining toM'ns the boards of such towns 
shall meet, act together and make their joint written order de- 
scribing the territory embraced in such district, signed by at 
least two of the supervisors of each town, file the order with the 
town clerk of each town, deliver the notice of formation to a 
taxable inhabitant of such district and cause the same to be 
served and returned as prescribed in section 413 ; and such dis- 
trict may be altered only by the joint action of such town boards 
as provided in section 418 or section 419a. Districts become 
joint by the division of a town without other action. 

See Form 6. 

Ordinary districts may become joint districts l)y the division of a 
town, without any further action. 35 Wis., 178. 

It will be seen by this section that a joint district can be formea, 
altered, or dissolved only by the joint action of the supervisors of all 
the towns or municipalities interested, and an order effecting any of 
ihese changes must be signed by a majority of each board. 

When a school district lies partly in a city or an incorporated village 
and the adjoining town, such district is joint and the boundaries thereof 
can only be altered by the joint action of the city council or the village 
board of trustees and the town board of supervisors. See section 422 
for definition of joint school district. See also section 419a. 

Notice for the first meeting of a joint district must also be signed by 
a majority of the supervisors, village trustees or city council as the case 
may be of each of the municipalities in which any part of such district 
is situated. 



4 SCHOOL LAWS OF WISCONSIN. 

District, when organized. Section 416. A district shall 
be deemed organized when any two of the officers elected at its 
first legal meeting file with the clerk and cause to be recorded 
in the minutes of such meeting their written acceptances of the 
offices to which they have been respectively elected or when it 
has exercised the franchises and privileges of a district for the 
term of two years. 

See Form 7. 

If two of the officers elected are present, and at once file their ac- 
ceptances with the clei'k of the meeting, and he records them, the dis- 
trict is then duly organized, and may proceed to the transaction of any 
other business, as provided in section 430. The treasurer is not likely 
to file an approved bond at that time, but that can be done afterwards. 
If two of the officers do not then file their acceptances, the meeting 
should adjourn and await their action. If the persons elected at the 
first meeting, or any of them, refuse to accept, the meeting may at once 
proceed to elect others. The same may be done at an adjourned meet- 
ing, if notice of refusal to serve is then received. The district meeting 
should endeavor to effect a complete organization, but if after reason- 
able trial it fails to secure more than two officers by election, the two 
who have accepted may fill the vacancy. 

When a district has exercised the powers and enjoyed the privileges 
of a school district for two years, it is held to be legally organized, not- 
withstanding any informality of proceeding in its organization; and in 
the meantime, and until its organization is set aside by competent au- 
thority, it is the duty of its officers to comply with all the requirements 
of the school law. It is sufficient for them to know that it is a district 
de facto. After two years have elapsed, its organization cannot be set 
aside on account of any alleged defect in its original formation or or- 
ganization. 

Body corporate; name. Section 417. The word district 
as used in this chapter, unless otherwise defined, means school 
district, and a district lawfully orgajiized is a body corporate 
and possesses the usual. powers of a public corporation by the 
name and style of school district (joint) school district number 

, of the town (towns) of , name of the town (towns) 

in which the district is situated. Such number shall be desig- 
nated by the town board or boards in the order for the forma- 
tion thereof. The board shall make its contracts in its corpor- 
ate name. 

A school district, as a corporate body, has perpetual succession and 
existence by its corporate name, and may hold real and personal estate 
for its corporate purposes. It is a body created by law, and is wholly 
distinct from the individuals that may, from time to time compose it. 
It does not become dissolved, or lose any of its rights, or become dis- 
charged of its obligations by a change of its name, number or boun- 
daries, or by becoming a joint district. (4 Wis., 79.) 

Contracts made or suits brought by a district, and all writings In 
which it is a party, require that the name of the district should be 
mentioned: e. g., school-district number four, toicn of Lincoln, Polk 
county. When district officers are specifically empowered by law to 
act, their names may be mentioned. 



FORMATION AND ALTERATION OF DISTRICTS. 5 

Lost records, restoration of. Section 417a. If the rec- 
ord of the formanon or establishment of boundaries of a dis- 
trict be lost or destroyed, the board of the town or village or the 
council of the city in which such district lies may make a new 
record by written order entered in the records of such town, 
village or city. "Whenever the town or village board or city 
council shall contemplate making such new record, they shall 
give at least five days' notice in w^riting to the clerk of the af- 
fected district, stating when and where they will be present to 
make such new record, and such clerk shall immediately notify 
the other members of the board. Such order shall within three 
days be entered in the record of the proper town, village or 
city, and the clerk thereof shall within the same time file a copy 
of such order with the clerk of said district. Any number of 
districts may be included in one such order or notice. In case 
of the los3 or destruction of the records pertaining to a joint 
district the clerk of any town, village or city in which the dis- 
trict lies shall procure and record a certified copy of the records 
of any other town, village or city relating to such joint district, 
or the board of the town or village, or council of the city in 
which such joint district lies may meet and act together in the 
making of such new record. An order made pursuant to this 
section or the record thereof shall be presumptive evidence of 
the regularity of all prior proceedings pertaining thereto, of the 
legality cf the formation of such district, of the boundaries 
thereof and of the loss or destruction of the record of its forma- 
tion. Parties conceiving themselves aggrieved by any decision 
made under the foregoing provisions may appeal therefrom in 
the manner provided by section 497. 

Notice of hearing. Section 418. Whenever the town 
board shall contemplate an alteration of a district they shall 
give at least five days' notice in w^riting to the clerk of the dis- 
trict or districts to be affected thereby, stating in such notice 
when and where they will be present to decide upon such pro- 
posed ajlteration; and such clerk or clerks shall immediatel} not- 
ify the other members of the board. No territory shall be de- 
tached from one district unless by the same order it be attached 
to another; and a district may be dissolved by attaching all its 
territory to other districts. 

See Form No. 8. 

Great care should be exercised in giving the preliminary notices, as 
town boards have no authority to alter the boundaries of school districts 
unless the required notices are given and "return" that the notices have 
been properly served filed in the office of the town clerk or clerks. 



Q SCHOOL LAWS OF WISCONSIN. 

There is no presumption that notices have been given, and a recital in 
the order of the board to the effect that they have been given is not 
prima facie evidence of the fact. Moreover, the district officers cannot 
waive notice. 60 Wis., 895; 29 Wis., 419. 

The board acquires no jurisdiction to make the change, unless the 
giving of the notices be authorized at a meeting of the supervisors duly 
held. 106 Wis., 475. 

The "returns" of the persons serving the notices required by this sec- 
tion should bear the admission of service of the district clerks endorsed 
thereon, and these should be attached to the order changing the boun- 
daries of districts, and should be filed with it in the office of the town 
clerk, so that evidence that the proper notices were given may be ac- 
cessible at all times. 

It will be noticed that the language of the statute is — 'Whenever the 
town board shall conteviplate" etc. This implies that town boards may 
act in the formation and alteration of the boundaries of school districts 
on their own motion, and without waiting lor a petition. A petition is, 
however, helpful and will be welcomed by the supervisors. 

Alteration of school district boundaries; order, filing of; 
when in effect. (Ch. 266, Laws of 1903, amending Sec. 419, 
Statutes of 1898.) Section 419. In all cases where an altera- 
tion of the boundaries of a school district shall be made, the town 
board of supervisors shall within three days thereafter, give 
notice thereof by filing a copy of the order so altering said 
school district, with the town clerk and also with the district 
clerk of each of the districts affected by such alteration. No 
alteration of any organized school district shall be made to 
take effect between the first day of December in any year, and 
the first day of April following. 

Before the passage of this law it was in the power of a school district 
board to postpone the time when an order made by the town board of 
supervisors altering the boundary of a school district could take effect. 
The clause of section 419 giving a district board this power, is omitted 
and hereafter an order altering school district boundaries may be made 
to take effect in accordance with the judgment of the supervisors mak- 
ing the order. 

Failure to file the order with the town clerk does not avoid the di- 
vision; 11 Wis., 29. It should, however, be filed promptly, as the infor- 
mation is necessary for the guidance of the town clerk and of the dis- 
trict clerks. 

No action in the direction of holding district meetings can be taken 
by the voters of a new district until the order forming the district 
takes effect. The notice for a first meeting should not antedate the 
time at which the order creating the district becomes effective. 

Number of school district to be recorded and not 
changed thereafter. (Chapter 113, Laws 1903.) Section 1. 
After the first day of January 1904, it shall not be lawful for 
any town board of supervisors or any town board of school di- 
rectors, or any other officer or officers to change the number of 
any school district or sub-district joint or entire. 



FORMATION AND ALTERATION OF DISTRICTS. 7 

Not to be revived. Section 2. If a district or a sub-dis- 
trict is dissolved, or by the exercise of proper authority attached 
to and made a part of another district or districts, no newly 
formed district shall, after January 1, 1904, be made to bear 
the number of the district so dissolved. 

It is the purpose of this chapter to prevent confusion in keeping 
school district records in the ofRce of the town clerk and to enable the 
state superintendent to keep a more satisfactory record of dictionaries 
furnished free to scliools in accordance with the provisions of section 
509. 

In the case of consolidation of districts the town supervisors shall de- 
cide upon the number of the district as consolidated. The number of 
cne of the districts interested should be retained in all cases of con- 
solidation. 

Joint school districts. (Chapter 218, Laws of 1903, amend- 
ing' Section ■419a, Statutes of 1898, as amended by Chapter 343 
of the Laws of 1901.) Section -419a. A¥henever an applica- 
tion in writing, describing and clearly setting forth by use of 
usual and definite terms, and having for its purpose the altera- 
tion of the boundaries of any joint school district, signed by 
at least two members of the board of supervisors of any town 
in which any part of such joint school district is situated, 
shall be presented to the chairman of the town, the mayor of 
the city or president of the board of 'trustees of the village, 
in which any part of such joint school district is situated, 
such chairman, mayor of the city, or president of the village 
board, shall, upon receipt of such application or petition, fix a 
time for the joint meeting of the town board of supervisors, 
and the city council, or the village board of trustees of all the 
numicipalities in any way affected by said proposed change, 
which time shall not be less than ten or more than twenty days 
after the presentation to said officer of such petition or applica- 
tion. The officer to whom the application or petition is pre- 
sented shall cause a written notice of the time and place of such 
meeting to be given to each supervisor, member of the council, 
or member of the village board of trustees entitled to be present 
at such meeting, which notice shall be served at least five days 
prior to the date fixed therefor. Such meeting shall be held 
at the school house in such joint district, unless some other 
convenient place shall be designated in the notice. If the chair- 
man of the town, mayor of the city, or president of the board of 
village trustees, as the case may be, to whom such application 
shall be presented, neglect or refuse to fix the time and the 
place or to give notice for the meeting as provided by this sec- 
tion, or if the supervisors, the city council, or the board of vil- 



8 SCHOOL LAWS OF WISCONSIN. 

lage trustees, or a majority thereof, of any town, city or village 
in any way interested or affected by the proposed change of 
school district boundaries, neglect or refuse to be present at 
such meeting or being present, neglect or refuse to hear and 
vote upon the application before them, the application shall be 
deemed denied, and an appeal may be had therefrom in similar 
manner, and with like effect as in other cases of deniaL The 
provisions of sections 418, 419, 422, and 497 shall, as far as may 
be applicable, apply to the above proceedings. 

Change of boundaries in joint school districts; applica- 
tion, how made. Section 2. The board of supervisors of any 
town containing territory, now or hereafter embraced within 
the boundaries of any joint school district, may make the ap- 
plication provided for in section one, whenever in their judg- 
ment such alteration will promote the welfare of the pupils re- 
siding in such town; and such board shall make such applica- 
tion whenever one-third of the voters residing in such town or 
two-thirds of the voters residing in that portion of such joint 
district, situated in such town shall make and file with the 
town clerk a petition, praying that such alteration be made. 

This law provides another method whereby the boundaries of joint 
districts may be altered. In any case where sucli alteration is contem- 
plated it will be wise for the town boards of supervisors, as well as 
other parties interested, to Icok up all the laws relating to the altera- 
tion of district boundaries and formation of new districts, especially 
sections 413, 415, 418, 419, 419a, 420, 422, 424. The method most easily 
applied in the particular case should be adopted. It may not be out 
of place to state that if in any case the town boards of supervisors in 
any v/ay interested agree to meet, they may do so on their own motion 
and without any petition. If their proceedings are regular their actions 
will stand, unless set aside upon an appeal. A petition is deemed neces- 
sary only in cases Vi'here it is probable that one or more of the boards 
will refuse or neglect to act. Section 419a was apparently enacted for 
the sole purpose of providing a. possible remedy in certain cases by an 
appeal to the state superintendent. It should also be understood that 
where the boards act en their own motion, under section 419a, a pre- 
liminary meeting must be called for the purpose of issuing the loritten 
notices, required by section 418. (See Form 8.) At a second meeting 
of the supervisors the necessary order may be made or an application or 
petition may be formally denied. 

Division of property. Section 420. If a new district be 
formed, in whole or in part, from one or more districts possessed 
of a school-house or entitled to other property the town board, 
at the tim.e of forming such new district, shall determine the 
proportion of the value of the school-house and other property 
justly due to such new district according to the taxable prop- 
erty of the respective parts of such former district at the time 



FORMATION AND ALTERATION OF DISTRICTS. 9 

of the division, and such amount of any debt due from the 
former district which would have been a charge upon the new 
had it remained in the former district shall be deducted from 
such proportion. 

Collection and application of money. Section 421. The 
town board shall certify to the district clerk of each district 
retaining- a school-house or other property the amount ascer- 
tained by them as the proportion due to the new district, and 
such amount shall be embodied in the next statement of taxes 
to be made by the district clerk to the town clerk as required 
by section 472, and shall be collected and paid to the treasurer 
of the new district to be applied toward providing a school- 
house therefor; and the money so received shall be allowed to the 
credit of the taxable property taken from the district paying 
the same in reduction of any tax imposed on said taxable prop- 
erty in the new district for the building of the school-house; 
but in case the new district shall have raised a tax and pro- 
vided a school-house before the receipt of such money, the treas- 
urer thereof shall pay on demand to each taxpayer residing in 
the territory taken from the district paying' the same, the 
amount actually paid by him in school-house taxes in excess of 
the amount he would have paid if the money had been received 
and credit given before such taxes were collected, and the treas- 
urer shall be liable therefor on his official bond. 

See Form No. 10. 

When territory is merely transferred from one district to another, no 
claim will lie against the district yielding territory on account of prop- 
erty. 

By "property" is meant lands, tenements, hereditaments, money, 
goods, chattels, things in action, and evidences of debt. The division 
of the share of the income of the school fund is discussed in and under 
section 558, as amended by chapter 450, laws of 1901, and section 554, as 
amended by chapter 313, laws of 1903. 

Alteration of district in town and village, etc. Section 
422, (as amended by Chapter 304, Laws of 1901). "Whenever 
any school district in this state shall be comprised partly of the 
territory of any city or an incorporated village and partly of 
the territory of an adjoining town or towns, it shall be and for 
all intents and purposes shall be considered as a joint school 
district which may be dissolved or the boundaries of which 
may be changed only by the joint action of the city or common 
council of the city or the trustees of the village as the case 
may be and the board or boards of supervisors of the town or 
towns in which any part or parts of said joint school district 



10 SCHOOL LAWS OF WISCONSIN. 

may be situated and only in the saiiK' inainuM- in which any 
other joint district may be alt(?red or dissjlved, but no new 
joint district embracing a part of any city shall be hereafter 
formed. 

The appraisal and award should be made at the time of the formation 
of the new district but will be legal if necessarily delayed. 

If the duty is wholly neglected by the supervisors, or, the award being 
inade by them, the clerk of the old district neglects his duty, the 
remedy in either case is by mandamus. 

No vote of the old district is required to raise the amount to which 
the new district becomes entitled under the action contemplated by sec- 
tion 421. This tax cannot be collected as a special district tax; it must 
be returned to the town clerk by the district clerk, as certified to him 
by the town board. 

The duty of making an equitable division of the property of the dis- 
trict retaining the schoolhouse, here imposed upon the town board, is 
mandatory, and no agreement or condition recited in the order for di- 
vision of territory will relieve the board of this duty. An agreement 
to consent to the division of a district in consideration of the surrender 
cf property rights by the new district is void. 63 Wis., 3C7; 81 Wis., 
428; 87 Wis., 533. 

In case the new district raises a tax for the purpose of building a 
■schoolhouse before any money is received from any or all of the old 
districts out of whose territory the new district is formed, the treasurer 
of the new district, upon receiving the amount due from any of the old 
districts, shall pay the same to the tax-payers residing in the territory 
that formerly belonged to the district paying the money. The amount 
received shall be apportioned among the proper persons on the same 
basis that served for the collection of the tax. 

Neglect to keep school. Section 423. If a district for 
two or more successive years neglect to maintain school as re- 
quired by law% the town board of the town embracing the dis- 
trict shall attach the same to such other adjoining district or 
districts in the town as they shall judge proper ; and if the dis- 
trict be joint, then the town boards shall attach the respective 
parts thereof to other districts in their respective towns : This 
section shall not apply to any district which may provide for 
the instruction of its pupils in an adjoining or other district, as 
provided in subdivision 15, section 430. 

Section 418 allows the town board to dissolve a district by attaching 
its territory to other districts. This section requires them to do so 
whenever a district fails to maintain a school for two successive years, 
unless provision has been made for the free instruction and transporta- 
tion of the pupils of the district as provided in chapter 502, laws of 1909, 
found as sections 430 — 1 to 430 — 8, inclusive, section 430, and of section 
554a of the laws of 1903. Failure to elect district officers does not of 
itself dissolve a district, as the organization may be restored in the 
manner prescribed by section 414. 

Property of dissolved district. Section 424. Whenever 
a district shall be dissolved bv reason of The attachment of all 



MEETINGS. 11 

its territory to some other district, the towu board, and iu case 
of a joint district the town boards, shall take charge of the 
property belonging to the same at the time of its dissolution, 
dispose of the same by grant or otherwise, g^nd apply the pro- 
ceeds to the discharge of its debts, paying over the remainder 
if any, to the treasurer, land in the case of more than one dis- 
trict, to the treasurers of the districts to which the territory 
has been attached, in proportion to the valuation of the prop- 
erty attached to each as appears from the last tax rolls of the 
respective towns. 

The supervisors of all the towns interested in the dissolution of a dis- 
trict must unite in the sale of its property, and in the execution of 
deeds of its real estate. They should require cash payments, and all 
conditions of sale should be mentioned in the posted notices. Unex- 
pended and unappropriated money in the hands of the district treasurer, 
is "property," and is to be divided by the town board or boards. 

Particular attention should be given by town boards of supervisors, 
trustees of villages and city councils to the matter of recording tire 
proceedings which affect the formation and alteration of school districts. 



MEETINGS 

Annual; report to. Section 425. The annual district 
meeting shall be held on the first Monday of July unless that 
be a legal holiday, in wdiicli case it shall be held on the next day 
at seven o'clock in the afternoon, unless another hour be fixed 
by a vote recorded at the last annual meeting, and any annual 
meeting heretofore or hereafter held shall be valid notwith- 
standing any provision to the contrary in any special or local 
law. It shall be the duty of the district board to meet on the 
Saturday immediately preceding the annual meeting, care- 
fully examine the accounts of the treasurer, and make up a 
full and itemized report of all receipts and expenditures since 
the last annual meeting, of the amount in the hands of the 
treasurer or the amount of the deficit for which the district 
is liable, of the amount necessary to be raised by taxes for the 
support of the school for the ensuing year, and of the amount 
required to pay the interest or principal of any debt due or to 
become due during such year; which report shall be submitted 
in writing at the annual meeting and recorded by the clerk at 
length with the action thereon in the proceedings of the meet- 
ing. 

All annual school district meetings, except in towns under the town- 
ship system, are held on the same day. When the first Monday in July 



12 SCHOOL, LAW'S OF WISCONSIN. 

is the fourth, and when the fourth of July occurs en Sunday, the an- 
nual meeting must be held on the Tuesday following. 

The hour for holding an annual district meeting is 7 o'clock in the 
afternoon, unless a different hour was fixed by vote at the previous an- 
nual meeting. District officers have no power to call an annual meet- 
ing at any other hour than that which the law designates. 34 Iowa, 
306. 

Notice. Section 426. The clerk shall give at least six clays 
previous notice of the annual meeting by posting notices there- 
for in four or more public places in the district, one of which 
shall be affixed to the outer door of the school-house, if there 
be one in the district; and he shall give like notice for any ad- 
journed meeting, if the adjournment be for more than one 
month ; but no annual meeting shall be deemed illegal for want 
of due notice, rmless it shall appear that the omission to give 
such notice was wilful and fraudulent. 

See Forms Nos. 11 and 12. 

While it is the duty of the district clerk to notice an annual school 
district meeting according to the provisions of this sectioir, and while 
he may be punished by fine for neglect or refusal to comply with the 
statute, the notice is not essential to the validity of the meeting. The 
statute and not the notice is the foundation cf the meeting. 6 Hill, 
N. Y., 647. 

If change of school house site, adoption of free text-books, erection of 
a school building is to be considered, or if money is to be borrowed, it 
will be well to incorporate the fact in the annual notice. 

Special meetings. Section 427. Special meetings shall 
be called by the clerk, or in hi,:; absence by the director or 
treasurer, on the written request of five legal voters of the dis- 
trict, and notices thereof specifying particularly the business 
to be transacted shall be posted in the manner prescribed for 
callingi the annual meeting ; and the electors when lawfully a^5- 
sembled at a special meeting shall have power to transact the 
same business as at the first or annual meel'ing, except the elec- 
tion of officers, voting a tax to compensate the clerk and author- 
izing a change in text-books.* But no more than one such meet- 
ing to consider the same subject shall be held in the district 
in the same school year. No tax or loan or debt shall be voted 
at a special meeting unless three-fourths of the legal voters 
shall have been notified either personally or by written notice 
left at their places of residence, stating the time, place and ob- 
jects of the meeting, and specifying the amount proposed to 



* Changes in text books are now made by the district board. See 
section 440. 



MEETINGS. 13 

be voted, at least six days before the time appointed therefor, 
exclusive of the day on which the meeting is to be held. 

See Forms Nos. 13 and 14. 

It is the duty of the. clerk to call special meetings whenever requested 
to do so by the required number of legal voters. The fact that the 
district clerk does not approve of the objects sought by those who re- 
quest him to call a special meeting, is no cause for refusing to comply 
with the request. 

"V/hen public corporations or officers are authorized to perform an 
act for ethers, which benefits them, then the corporations or officers 
are bound to perform the act. The power is given them not for their 
own, but for the benefit of those in whose behalf they are called upon 
to act, and such is presumed to be the legislative intent. In such cases 
they have a claim de jure to the exercise of the power." 9 Wis., 285. 

Any business tliat can be done at an annual meeting can be done at a 
special meeting, properly called, .except the election of officers, voting a 
tax to compensate the clerk, director and treasurer. The notice for a 
special meeting may be given by the director or treasurer in case of a 
vacancy in the office of clerk, or if that officer is absent or incapable of 
acting. 

A special meeting may rescind any action taken at the annual meet- 
ing, if proper notice has been given; but if rights have been acquired 
by third parties, those rights cannot be set aside by the vote of the dis- 
trict. This includes the rights of persons elected to a district office. 

"Six full days" requires the notice to be givon as early as on the 
seventh day before the time designated. 

The personal notice required by this section to be given to three- 
fourths of the electors of the district in all cases where it is the pur- 
pose oi; the special meeting to vote a tax, loan or debt, should include 
women, on whom the right cf suffrage in elections "pertaining to school 
matters," is conferred by section 428a. 

Care should be taken in naming the amount to be raised at a special 
meeting to specify a sum equal to or greater than that needed. It is 
competent for a special meeting to raise a less, but not competent for 
it to raise a greater sum than that mentioned in the notice. 

All laws relating to levying taxes are construed strictly, and the re- 
quirement that notices for a special meeting whose purpose is to raise 
money shall specify the amount to be raised is mandatory. 

Who may vote. Section 428, (as amended by Chapter 233, 
Laws of 1899). Every resident elector of the district shall be 
entitled to vote in any meeting, provided such elector has re- 
sided therein for at least, thirty days next preceding any meet- 
ing. 

The qualifications of voters at a general election are declared by sec- 
tion 12 of the Wisconsin statutes, to be as follows: 

Section 12. Every male person of the age of twenty-one years, cr 
upward, belonging to either of the following classes, who shall have re- 
sided in the state for one year next preceding any election, and in the 
election district where he offers to vote ten days [except in the case of 
school district meetings, in which case 30 days' residence in the district 
is required] shall be deemed a qualified elector at such election: 

1. Citizens of the United States. 

2. Persons of foreign birth who shall have declared their intention to 
become citizens, conformably to the laws of the United States on the 
subject of naturalization. 



14 SCHOOL LAWS OF WISCONSIN. 

3. Persons of Indian blood who have once been declared by law of 
congress to be citizens of the United States, any subsequent law of 
congress to the contrary notwithstanding. 

4. Civilized persons of Indian descent, not members of any tribe. 

5. Any civilized person, being a descendant of the Chippewas of Lake 
Superior or any other Indian tribe residing within this state, and not 
upon any Indian reservation, who shall make and subscribe to an oath 
before the clerk of the circuit court or his deputy of the county where 
such person resides that he is not a member of any Indian tribe, and 
has no claim upon the United States for aid and assistance from any 
appropriation made by congress for the benefit of Indians, and that he 
thereby relinquishes all tribal relations, and all right to claim or re- 
ceive such aid, shall be entitled, on such oath being filed and recorded, 
to vote at all elections held in this state, if he is otherwise qualified. 
The oath so taken, on being corroborated as to the residence and tribal 
relations of such person by the affidavit of a qualified elector, shall be 
filed in the office of the clerk before whom it v» as taken and recorded 
by him in a book to be provided for that purpose, upon such person pay- 
ing to said clerk the sum of one dollar. 

Every person convicted of bribery shall be excluded from the right of 
suffrage, unless restored to civil rights; and no person who shall have 
made or become directly or indirectly interested in any debt or wager, 
depending upon the result of any election, at which he shall offer to 
vote, shall be permitted to vote at such election. 

Women may vote. Section 428e, (as amended by Chapter 
233, Laws of 1899). Every woman who is a citizen of this 
stat«, of the age of twenty-one years or upwards, except pau- 
pers, persons under guardianship and persons otherwise ex- 
cluded by section 2 of article 3 of the constitution of Wiscon- 
sin, who has resided in the state one year, and in the election 
district where she offers to vote, thirty days next preceding any 
election pertaining to any school matters, shall have a right to 
vote at such election. 

By this law all voters at school district meetings, either annual or 
special, are required to reside at least thirty days in the district previous 
to the date of the school meeting. This is a radical change in the elec- 
tion law and should receive especial attention in order that difficult and 
annoying questions may not arise in the management of school district 
matters. 

The above section does not confer upon women the unlimited right 
of suffrage, but it does confer upon them the right to vote upon any and 
all questions that can be legally considered at any regularly called an- 
nual or special school district meeting. The words "any election per- 
taining to school matters" renders the limitation to the privilege con- 
ferred by the section manifest. 71 Wis., 239, 251; 75 Wis., 543; and 
chapter 285, laws of 1901. "An election to determine whether a city 
shall issue bonds for the purpose of, building a school house is an elec- 
tion pertaining to school matters within the meaning of chapter 211, 
laws of 1885." 128 Wis., p. 132. 

Section 69. In determining the r-estion of residence as a qualifica- 
tion to vote, the following rules, so far as applicable, shall govern, and 
if a person offering to vote be challenged as unqualified on the ground 
of residence, the inspector shall admonish him of such rules and put to 
him such further questions as shall be proper to elicit the facts in re- 
spect thereto, namely: 



MEETINGS. 15 

First. — As prescribed in the constitution, no person shall be deemed 
to have lost his lesidence in this state by reason of his absence on busi- 
ness of the United States, or this state; and no soldier, seaman or mar- 
ine, in the army or navy of the United States, shall be deemed a resi- 
dent of this state in consequence of being stationed within the same. 

Second. — That place shall be considered .and held to be the residence 
of a person, in which his habitation is fixed without any present inten- 
tion oi removing therefrom and to which, whenever he is absent, he has 
the intention of returning. 

Third. — A person shall not be considered or held to have lost his resi- 
dence, who shall leave his home and go into another state, or county, 
tov\n, or A^ard of this state, for temporary purposes merely, with an in- 
tention of returning. 

Fourth. — A person shall not be considered to have gained a residence 
in any town, ward, or village of this state into which he shall have 
come for temporary purposes merely. 

Fifth. — If a person remove to another state with an intention to make 
it his permanent residence, he shall be considered and held to have lost 
his residence in this state. 

Sixth. — If a person remove to another state with the intention of re- 
maining there for an indefinite time, and as a place of present residence, 
he shall be considered and held to have lost his residence in this state, 
notwithstanding he may entertain an intention to return at some future 
period. 

Seventh. — The place where a married man's family resides shall gen- 
erally be considered and held to be his residence, but if it is a place of 
temporary establishment for his family or for transient objects, it shall 
be otherwise. 

Eighth. — If a married man has his family fixed in one place, and he 
does his business in another, the former shall be considered and held to 
be his place of residence. 

Ninth. — The mere intention to acquire a new residence without the 
fact of removal, shall avail nothing; neither shall the fact of removal 
without intention. 

Tenth. — ^If a person shall go into another state, and while there ex- 
ercise the right of a citizen by voting, he shall be considered and held 
to have lost his residence in this state. 

Eleventh. — No person shall be deemed to have gained a residence in 
any town, ward or village in this state, so as to entitle him to vote at 
any election therein, by remaining in such town, ward, or village as a 
pauper supported by the town, village or county in which he shall be 
living- at the time of such election; and no person shall be deemed to 
have lost his residence in any town, ward or village, by remaining in 
any other town, ward or village as such pauper. 

Twelfth. — If an unmarried person sleeps in one ward and boards in 
another, the place where he sleeps shall be considered his residence. 

Thirteenth. — If an unmarried person be employed on a railroad, boat 
or stage line and boards at different places, if one of those places be 
with his parents, that place shall be considered his residence unless he 
has, by registering to vote elsewhere or by performance of some other 
kindred act elected some other place as his residence. If he has no 
parents and has not registered at any other place, he shall be asked: 
Do you consider this your place of residence, and have you so consid- 
ered it for the past ten days in preference to any other place? If he 
answers in the affirmative he shall be entitled toi all the privileges and 
be subject to all of the duties of other citizens in such place in the 
matter of voting, jury service, poll taxes and assessments for taxes. 

Fourteenth. — Each inmate of any national or state home for soldiers 
in this state shall be deemed to reside in the town, city or village in 
which said home shall be located and in the election district in which 
he shall sleep. 



16 SCHOOL LAWS OF WISCONSIN. 

Section 4:28a, (as amended by Chapter 285, Laws of 1901). 
Every woman who is a citizen of this state; of the age of twenty- 
one years or upwards (except paupers, persons under guardian- 
ship, and persons otherwise excluded by section two of article 
three of the constitution of Wisconsin), who has resided within 
the state one year, and in the election district where she offers 
to vote, ten (thirty) days next preceding any election pertaining 
to school matters, shall have a right to vote at such election. 
Separate ballot boxes shall be furnished at every election pre- 
cinct in this state at every primary, general, municipal or 
special election for the use of women desiring to vote on said 
school matters, and separate ballots shall also be provided at 
said elections for the u.se of said women. 

This chapter eAadeiitly extends the privilege to vote for school officers 
at general and municipal elections, as well as at school district elections, 
and under the same conditions regarding age and residence that are im- 
posed upon male citizens. 

Proceedings on challenge. Section 429. If any person 
offering to vote at a school district meeting shall be challenged 
as unqualified by any legal voter in such district the chairman 
presiding at such meeting shall declare to the person challenged 
the qualifications of a voter; and if such person shall declare 
that he is a voter and if such challenge shall not be withdrawn 
the chairman shall tender him the following oath or affirma- 
tion : You do solemnly swear (or affirm, as the case may be) 
that you are an actual resident of this school district and that 
you are qualified according to law to vote at this meeting. And 
every person taking such oath or affirmation shall be permitted 
to vote on all questions proposed at such meeting; and if the 
person shall refuse to take such oath or affirmation ' his vote 
shall be rejected. 

The questions which may be asked by inspectors of elections of per- 
sons whose votes are challenged, and the rules for determining the 
legal qualifications of electors are given in sections 68 and 69, of the 
Wisconsin statutes, and are printed here for convenience. The chair- 
man of a district meeting can not, like an inspector of elections, require 
the person challenged to answer the questions under oath. 

Section 68. Each inspector shall, and any elector may, challenge 
every person offering to vote whom he shall know or suspect not to be 
duly qualified as an elector. If such a person is challenged as unquali- 
fied one of the inspectors shall tender to him the following oath or af- 
firmation: You do solemnly sv»-ear (or affirm) that you will fully and 
truly answer all such questions as shall be put to you touching your 
place of residence and qualifications as an elector of this election; and 
shall thereupon put questions as follows: 

First: If a person be challenged as unqualified on the ground that 



MEETINGS. ' 17 

he is not a citizen and has not declared his intention to become a citi- 
zen : 

1. Are you a citizen of the United States? If no, then — 

2. Have your declared your intention to become a citizen of the 
United States conformably to the laws of the United States? 

3. When and where did you declare your intention to become a citi- 
zen of the United States? 

Second. If the person be challenged as unijualifled on the ground 
that he has not resided in this state for one year immediately preceding 
the election: 

1. How long have you resided in this state immediately preceding 
this election? 

2. Have you been absent from this state within the year immediately 
preceding this election? If yes, then — 

3. When you left, did you leave for a temporary purpose, with the 
design of returning, or for the purpose of remaining away? 

4. What state or territory did you regard as your home while ab- 
sent? 

5. Did you, while absent, vote in any other state or territory? 
Third. If the person be challenged as unqualified on the ground that 

he is not a resident of the town, ward or village where he offers his 
vote: 

1. When did you last come into this town, ward or village? 

2. Did you come for a temporary purpose merely, or for the purpose 
of making it your home? 

3. Did you come into this town, ward or village for the purpose of 
voting therein? 

4. Are you nov>^ and have you been for the last ten (thirty days in the 
case of school district meetings) days an actual resident of this town, 
ward or village, and what is the particular description, name and loca- 
tion of your residence? 

5. Have you registered to vote at this election at any other place 
within this state? 

Fourth. If the person be challenged as unqualified on the ground that 
he is not twenty-one years of age: Are you twenty -one years of age to 
the best of your knowledge and belief? 

Fifth. If the person be challenged as unqualified on the ground that 
he has made or become directly or indirectly interested in any bet or 
wager depending upon the result of such election: 

1. Have you made in any manner any bet or wager depending upon 
the result of this election, or on the election of any person for whom 
votes may be cast at this election? 

2. Are you in any manner, directly or indirectly, interested in any 
bet or wager depending in any way whatever upon the result of this' 
election? 

Sixth. If the person be challenged as unqualified on the ground that 
he has been convicted of treason, felony or bribery and not subsequently 
restored to civil rights: 

1. Have you been tried or convicted in this state of any crime? If 
yes — 

2. Of what crime, when and in what court were j^ou so convicted? 

3. Have you in any manner since such conviction been restored to 
civil rights, and if yes, how? 

Seventh. If the person be challenged as imqualified on the ground 
that he has been engaged, directly or indirectly, in a duel, either as 
principal or accessory: 

1. Have you ever been engaged in any duel, directly or indirectly, 
either as principal or as a second, or in counseling or aiding either 
principal or second in a duel? And if yes, then — - 

2— S. L. 



18 SCHOOL, LAWS OP WISCONSIN. 

2. When and where, and had ycu hefore that time been an inhabitant 
of this state? 

Eighth. If the person be challenged as unqualified on the ground 
that he is a person of Indian descent, a member of an Indian tribe or 
an uncivilized Indian: 

1. Are you a person of Indian descent? 

2. Of what tribe or nation are you a descendant? 

3. Are ycu now a member of any Indian tribe? 

4. Have you received any annuity from the United States or any 
agent thereof, or shared in any, and, if so, when did you last so receive 
or share in any? 

The inspectors, or one of them, shall put such other questions to the 
person challenged as may be necessary to test his qualification as an 
electcr at such election. 



POWERS OF DISTRICTS. 

Powers of meeting. Sechon 430. . The inhabitants of any 
school district qualified by law to vote at a school district meet- 
ing when assembled at the first and at each annual meeting in 
their district or at any adjournment thereof in their district 
shall have power : 

1. To appoint a chairman for the time being, and in the ab- 
sence of the clerk to appoint some person to act in his stead, and 
the person so appointed shall certify the proceedings of such 
meeting to the district clerk, who shall enter the same in the 
records of the district and file and preserve the certificate of 
such temporary clerk. 

When the inhabitants of a district are assembled at any regularly 
called meeting, it is competent for any elector to call the meeting to 
order, to nominate, or to ask some one to nominate a chairman, and to 
put the question and declare the result. If the director of the district 
be present, it is proper for him to do this. If the district clerk be net 
present the chairman will announce the fact and ask that a clerk be 
appointed pro tempore. The meeting will be governed by the common 
rules of deliberative assemblies. The chairman should be an elector, 
and is entitled to vote on all questions. 

2. To adjourn from time to time as occasion may require. 

The statute — section 426 — provides that when an annual meeting is 
adjourned for more than one luonth, notice shall be given of the time 
and place of holding such meeting in the same manner that notice of 
the original meeting was given. It is a good plan to adjourn annual 
meetings from time to time in most cases where a new building is to be 
erected or a site purchased. 

3. To choose a director, treasurer and clerk. The election 
of all officers shall be by ballot and a majority of all the votes 
cast shall be necessary for a choice. 

The electors must hold strictly to these requirements. 



POWERS OF DISTRICTS. 19 

School boards of seven members. (Chai)ter 317, Laws of 
1899, as amended by Chapter 205, Laws of 1901, and Chapter 
421, Laws of 1905.) 

Section 1. Any school distiict containing within its boundaries a 
city in wliich a higli school is maintained and whicli expends annually 
in the maintenance of its schools a sum exceeding four thousand dol- 
lais, may, upon determining so to do by the vote of the electors pres- 
ent, at any annual school meeting held in such school district, have a 
district board comprising seven members which shall be known as the 
school board of the city, comprising in whole or in part such district, 
three of whom shall be the director, treasurer and clerk, as now pro- 
vided by law, who shall each discharge the separate duties now im- 
posed upon him by law and shall be elected and hold ofRce for the term 
now provided by law, and no two of whom shall be residents of the 
same ward in such city until each ward therein shall have at least one 
member on such board. Where such school district and city are iden- 
tical in territory, the members of said district board shall be chosen 
one from each ward of such city in the order in which the wards are 
numbered until the full number is chosen; provided, that in case such 
city have fewer than seven wards, additional member or members shall 
be chosen from the district-at-large; and, provided, further, that in 
school districts having school boards elected under and pursuant to sec- 
tion 1 of chapter 317 of the laws of Wisconsin for 1899 or under said 
act as amended by chapter 20.5 of the laws of Wisconsin for 1901, mem- 
bers of such boards, including those chosen to fill vacancies, shall be 
chosen from wards not represented as herein provided until such repre- 
sentation shall be fully established, provided electors of such school 
districts decide at any annual meeting to adopt the provisions of this 
act. Removal by a member of such board from the ward from which 
he was chosen shall create a vacancy. And all directors, clerks and 
treasurers now in office in such districts, shall continue in their re- 
spective offices during the full term for which they were elected. The 
remaining four members of such district board, shall be elected as 
school district officers are now required to be elected, at the annual 
school meeting which may adopt this act; two of said four shall be 
elected for the period of one year and the remaining two for the 
period of two years and until their successors have been elected or ap- 
pointed. At every succeeding annual school meeting in such district 
there shall be elected in addition to a director, clerk or treasurer, as 
the case may be, two of such additional members of such board, who 
shall hold their office for two years and until their successors are 
elected or appointed. In case of vacancies in the said board, such va- 
cancies shall be filled as now provided for filling vacancies in district 
boards, the members so chosen to hold until the next annual district 
meeting. Such school boards shall exercise all the powers, and dis- 
charge all the duties now imposed upon the district boards of such 
districts. Regular meetings of said board shall be held, and special 
meetings thereof may be called upon request of any three, members 
of such board to the clerk, who shall thereupon, at least twenty-four 
hours before such special meeting is held, give written notice thereof 
to the remaining members of the board. 

School Boards — Number of members — How increased. 

Chapter 198, 1907, adding- to section ] , chapter 421. Laws of 1905, 
section Im.) Section Im. The number of members of any 
school board shall not be increased as provided in section 1, 



20 SCHOOL LAWS OF WISCONSIN. 

unless a notice in writing of the proposition for such increase, 
signed by at least twenty-five electors of the school district 
shall be filed with the clerk of said district, at least ten days 
prior to the annual meeting; and the clerk shall include in the 
notice of such meeting the substance of such proposition. 

This act restricts the powers of the electors assembled at an an- 
nual meeting, inasmuch as a notice properly signed must be filed with 
the district clerk and the district clerk must also give notice that the 
question of increasing the number of members will be voted upon at 
the annual meeting. Otherwise the attempted change will be void. 

Accounts of school boards to be examined. Section 1. 
(Chapter 162, Laws of 1899, as amended by Chapter 78, Laws 
of 1905.) It shall be the duty of every school district in the state 
of Wisconsin at its annual meeting to appoint three competent 
persons who shall be voters in the district to examine all ac- 
counts, books, vouchers, moneys and property of whatsoever 
kind belonging to said district between the thirtieth day of 
Jiuie next following their appointment and the time of the next 
annual school meeting of said school district and report their 
findings in writing to the electors at the next annual meeting. 

This law does not interfere with that part of section 425, W. S., which 
makes it the duty of the district hoard to meet on the Saturday im- 
mediately preceding the annual meeting for the purpose of making a 
careful examination of the accounts of the treasurer and compiling a 
full and itemized report of all receipts and expenditures since the last 
annual meeting, of the amount in the hands of the treasurer, or the 
amount of the deficit for which the district is liable of the amount 
necessary to be raised by taxes for the support of the school for the 
coming year and of the amount required to pay the interest or principal 
of any debt due or to become due during the year. These reports are 
to be submitted in writing at the annual meeting and the amount of 
money reported on hand at the beginning of the year must be exactly 
the same as the amount reported on hand at the close of the preceding 
year. Town clerks and county superintendents have heretofore found 
difficulty in compiling correct financial reports for the schools under 
their respective jurisdictions. It is hoped that by the operation of the 
law printed above correct reports may be obtained from each school dis- 
trict in the state. Over six millions of dollars are annually expended 
in the management of the public schools and it is not unreasonable to 
require a strict accounting from each district for the sums annually re- 
ceived and expended in the management of its school affairs. 

Before the meeting proceeds to elect officers, the minutes of the last 
annual meeting should be read, and those of such special meetings as 
have been held during the year. The reports of district officers should 
also be presented, and referred to a committee for examination, with 
instructions to report at some later stage of proceedings. The reports 
of officers should be in writing, and should be carefully examined by 
the committee, or by the meeting, if convenient. The financial state- 
ments submitted should be accompanied by vouchers for all moneys ex- 
pended. Reports of officers should be spread upon the records, as 
papers that are merely filed are often lost. 

If a vacancy exists in the board from any other cause than the ex- 



POWERS OF DISTRICTS. 21 

piration of the incumbent's term, it is advisable ttiat a resolution be 
passed declaring that such vacancy exists, and stating the ground on 
vi^hich the meeting regards the office vacant. It is for the meeting to 
judge in the first instance whether a vacancy exists, and although it 
may err in so declaring the officer elected will be deemed an officer 
cle facto, and his acts in relation to the public and third persons deemed 
valid, until his election is pronounced void by competent authority. 

If a mistake is made in stating the length of an unexpired term, 
the person elected will nevertheless serve to the end of the term, and no 
longer, as this matter is regulated by law, and not by the vote of the 
district. 

District officers may be elected at an adjourned annual meeting if 
such meeting be held within ten days after the time fixed by law for 
holding the annual meeting. A school district oflScer elected at an an- 
nual meeting cannot be displaced at an adjourned annual meeting. 

The manner of resignations of school officers is fixed by sub-division 
8, section 961, statutes of 1898, in the following words: "Resignation 
by a school district officer shall be made to the district board." It is 
clear from this that a resignation made to the electors at an annual 
meeting is not the resignation contemplated by statute and therefore 
does not without some other act of the officer, create a vacancy. 

4. To designate a site for a district school-house. 

The vote of a district at an annual meeting, or at a special meeting 
called for that purpose, is necessary to establish a site. The district 
cannot delegate this power to the board or to a committee appointed 
for that purpose; although either may be authorized to examine the 
situation, price and title of a proposed site. The annual or special 
meeting should be adjourned until the committee or board can report. 

Every schoolhouse site should contain at least one acre of land; 
should de described by the government survey; should be easily ac- 
cessible to all parts of the district. A dry, sheltered spot should be 
chosen, well drained. A school house should never be placed on low or 
marshy ground, near a stagnant pool, or in the midst of distracting or 
unhealthful surroundings. The site designated hereafter must be on a 
public highway. (See section 477 as amended by chapter 171, and see 
also chapter 318, laws of 1909.) 

It is quite proper, hut not necessary, to designate a site before voting 
a tax to build the schoolhouse; neither is it necessary that the site 
should be designated before levying a tax to pay for the same. If the 
tax deemed sufficient is afterwards found to be too small, an additional 
tax may be voted; and, if too much is raised, the electors may appro- 
priate the same to any object for which they can legally raise a tax. 
The expense of investigating the title and of recording the deed may 
legally be included in the tax for a site. Although the law authorizes 
the leasing of a site, it does not permit the district to contract a perma- 
nent debt for future rent. Land for a site is sometimes held under a 
lease granting it for a consideration, paid in advance, for so long a 
time as the same may be used for the purpose of a public school. It is 
always advisable that the district should own the site. 

Sections 477 — 484 prescribe the course to be pursued when, for any 
reason, the district is unable to obtain the site that has been chosen 
according to law. 

Where a schoolhouse is erected upon leased ground, the district may 
remove the same at any time previous to the expiration of the lease. 
(7 Bart; N. Y. R., 266.) 

A clear title to a schoolhouse site ought always to be secured, and 
where land chosen for this purpose is a part of a mortgaged tract, a 



22 SCHOOL LAW'S OF WISCONSIN. 

release should be obtained, if possible; before erecting a sclioolhouse 
thereon. 

5. To vote such tax as the meeting shall deem sufficient to 
purchase or lease a suitable site for a school-house, to build, hire, 
or purchase a school-house and to keep in repair and furnish 
the same with the necessary fuel and appendages; provided, 
that no district containing a population of less than two hun- 
dred and fifty inhabitants shall have power to levy and collect 
a tax for building, hiring or purchasing a school-house of more 
than six hundred dollars in any one year, unless the town board 
of the town in which such school-house is to be situated shall 
certify in writing that in their opinion a larger sum should be 
raised, specifying such sum, in which case an amount not ex- 
ceeding the sum specified may be raised; provided, further, 
that no district containing a population of less than one thou- 
sand inhabitants may have poM^er to raise and collect in any 
one year, for the purposes above specified, more than one thou- 
sand dollars, unless the town board shall certify as above set 
forth. 

Although a tax may be levied before a title has been acquired, yet 
the district board should not part with the money before a conveyance 
of the site has been made. 

A district meeting may vote a tax for a fence, sidewalks, separate 
privies for the two sexes, wood-house, stoves, stove-pipe, and bell, as 
these are held to be necessary appendages. 

Money may also be raised to pay for the insurance of the school- 
house. _ The schoolhouse can now be insured in those companies that 
require a note for part of the premium. All taxes voted must be for 
specific and legal objects and the specific amount raised for each of 
the several objects for which the' tax is levied should be stated in the 
resolution passed by the meeting, in order that the district and the 
board may know the precise extent of their liability and authority. 

A district has power to vote a tax to enlarge a schoolhouse, notwith- 
standing it may have cost all that said district is by law authorized 
to raise in any one year, and the tax for such enlargement does not 
require the consent of the town supervisors thereto. The amount re- 
ceived from the sale of the old schoolhouse may be added to the amount 
authorized by law to be raised for building in any one years, and ex- 
pended for the new building. 

See chapter 498, laws of 1909, under free high schools which gives the 
electors of a town free high school district and the electors of an 
ordinary school district power to authorize their respective boards to 
unite in erecting a building to accommodate both districts. 

6. To vote such tax as the meeting shall deem proper for the 
payment of teachers' wages in the district; provided, that for 
such purposes, in all school districts having an average attend- 
ance at school for the year of fifteen scholars or less, not more 
than three hundred and fifty dollars shall be raided in any one 
year; in all school districts having an average attendance of 



POWERS OF DISTRICTS. 23 

not more than thirty nor k^ss than fifteen seliolars, not more 
than four hundred and fifty dollars shall be raised in any one 
year; and in all school districts having an average attendance 
of not more than forty nor les? than thirty scholars, not more 
than five hundred and fifty dollars shall be raised in any one 
year. 

The constitution provides that the income of the school fund shall 
be applied to the support and maintenance of common schools, in each 
school district, and the purchase of suitable libraries and apparatus 
therefor; while section 558 provides that the money received by each 
district from the income of the school fund shall be devoted exclu- 
sively to the payment of teachers' wages. Whether these apparently 
conflicting provisions can be reconciled or not, it is certain that the 
legislature here requires that districts shall pay each year, for teach- 
ers' wages, an amount equal to that received from the income of the 
school fund. The limitations of this section apply to the amount that 
may be raised for this purpose by taxation, exclusive of the amount 
received from the school fund income. 

7. To authori'ze and direct the sale of any school-house, site 
or other property belonging to the district when the same shall 
be no longer needed for the use of the district. 

The district should determine the conditions of the sale for which 
this section provides, if it desires to control the contract which its 
board is alone competent to make. 

7a. To levy a tax for the purpose of paying to any surety or 
bonding company the fee or consideration necessary to secure 
a bond indemnifying the district against any loss of moneys 
belonging to the 'district in the hands of the school district 
treasurer. 

The electors assembled at any annual or special school meeting are 
authorized to levy a tax for the purpose of paying the fee necessary to 
secure a bond for the district treasurer in cases where said bond is se- 
cured from some surety or bonding company. It does not provide any 
fee whatever in cases where the treasurer secures his own bondsmen 
from among his friends in or out of the district. 

8. To impose such a tax as may be necessary to discharge 
any debts or liabilities of the district lawfully incurred. 

9.. To vote a tax not exceeding seventy-five dollars in any one 
year for the purchase of maps, blackboards and school ap- 
paratus. 

See also section 436 as amended by chapter 39, laws of 1907. 

Boards should be guided in the purchase of school appliances by the 
iudgment of competent teachers, and that of disinterested persons who 
have some acquaintance with the teachers' needs. Thousands of dol- 
lars are doubtless expended annually in this state for apparatus that is 
practically worthless in the school room while the most necessary helj^s 
are entirely wanting or in such poor condition as to be useless. 



24 SCHOOL LAWS OF WISCONSIN. 

10. To vote a tax not exceeding one hundred dollars in any 
one year for a district library, consisting of such books as they 
may direct their district board, at a district meeting, to pur- 
chase, said books to be selected under" the advice of the state 
superintendent; provided, that any school district having less 
than two hundred children of school age shall not vote a tax 
exceeding fifty dollars in any one year for such library; and 
that no district containing a population of less than two hun- 
dred and fifty inhabitants shall have power to levy and collect 
a tax of more than five hundred dollars in any one year for 
any purpose other than for the purposes prescribed in the fifth 
subdivision of this section, and for the payment of the princi- 
pal and- interest of any loan due the state. 

Comments on the legislation relating to township and district libra- 
ries will be found under sections 485 — 486a and 486d. 
See also Township Libraries, Chap. 164, Laws of 1909. 

11. To authorize the district board to borrow money as pro- 
vided elsewhere in these statutes. 

Pages 121 to 130 inclusive of this book prescribe the manner in 
which, and define the purposes for which a school district may borrow 
money. 

12. To authorize the district board to admit to the privileges 
of the school persons over twenty years of age and persons not 
residing in the district, whenever such admission will not inter- 
fere with the accommodation or instruction of the scholars re- 
siding therein, and to fix a fee for tuition per term, quarter or 
year to be charged to the persons thus admitted. 

(See also Chapter 183, Laws of 1909, page 280 of this code.) 

By this clause the district is empowered to determine whether the 
persons named shall be admitted to the privileges of the school. Where 
the district fails to instruct the board in this matter, the board shall 
determine the fact and the rule under the general powers conferred 
upon district officers by the statutes. 

It is sometimes difficult for district boards to determine the liabil- 
ity of inhabitants for the tuition of persons in their employment or 
under their protection. The general rule is that a minor's residence 
is with his parents or parent while they or either of them is alive and 
maintains a home. An orphan without a guardian takes his resi- 
dence with him. While it is not right to allow non-residents and per- 
sons over twenty to overcrowd and so impair the efficiency of the 
school, it is well to remember that the constant purpose of the state 
in the establishment and maintenance of public schools is to dissemi- 
nate as widely as possible the advantages of a common school educa- 
tion. 

That provision of the state constitution which requires that "such 
schools shall be free and without charge for tuition to all children 
between the ages of four and twenty years," implies that every child 
of school age is entitled to free tuition somewhere. This manifest 



POWERS OP DISTRICTS. 25 

purpose of the state to extend the advantages of a common school edu- 
cation to all children within her borders, should lead school districts, 
to exercise the authority to charge or to remit tuition with which the 
law vests them in a spirit of liberality toward those children that are 
compelled by parental neglect to seek the equipment that the schools 
furnish beyond the limits of the home district. 

The supreme court of the state (74 Wis., page 48) laid down the 
rule that a child is entitled to free tuition in a district in which he 
is residing for other, as a main purpose, than to participate in the ad- 
vantages which the school affords. It will be seen that the decision 
guards carefully against the interpretation of the law which would 
require districts to furnish tuition to those pupils who are in the dis- 
trict for the purpose of availing themselves of its superior school ad- 
vantages. See also 59 Conn., 489. 

The district board has no authority to admit non-resident children 
into the school contrary to the vote of the district, nor has it author- 
ity to exclude them alter the district has voted to admit them. It is 
the duty of the board, in this matter, to carry into effect the instruc- 
tions of the district. 

It will be seen that the board has power under section 439 to admit 
persons between twenty and thirty years of age to the schools in cer- 
tain cases. This power is commented upon in the proper place. 

The teacher has no authority in the matter of admitting or exclud- 
ing non-residents, but will be governed by the instructions of the 
board. 

13. To authorize the district board to purchase text-books 
for use in the public schools, to be loaned or furnished pupils 
under such conditions as, by such vote and regulations of the 
board thereunder, may be prescribed. 

Section 440 requires school district boards to determine wliat books 
shall be used in their respective districts, and section 430b provides 
that the question of furnishing free text-books shall be submitted to 
every annual school district meeting. While the board has. power to 
adopt, it has no power to purchase text-bcoks, unless authorized to do 
so by the district at its annual meeting. Books that have been adopted 
must be retained for at least three years; but boards cannot bind their 
districts to purchase these books at a fixed rate, or of a given house 
for more than one year. 16 Wis., 336. 

14. To determine the length of a time a school shall be taught 
in their district the then ensuing year, which shall not be less 
than * * * eight months, * * * but if such * * * 
matter, shall not be determined at the annual meeting the dis- 
trict board shall determine the same. 

A school must be taught one hundred and sixty days to meet the re- 
quirements of the law in regard to the apportionment of school money. 
This number includes legal holidays, viz.: New Year's day, the twenty- 
second of February, the thirtieth day of May (Memorial day), the 
Fourth of July and Christmas, together with days of fasting or thanks- 
giving appointed by state or national authority. 

In order that holidays may be legally counted as part of the term, 
they must occur during the time school is in session, and not during 
any vacation period. 

It should be borne in mind that a district, at a special meeting, can- 



26 SCHOOL LAWS OF WISCONSIN. 

not rescind a resolution passed at an annual meeting or set aside the 
action of a district board when rights have been acquired by third par- 
ties by virtue of such resolution or such action. 

14:a. (Chapter 256, Laws of 1905.) Section" 1. Whenever 
any school district having a school house of one room only shall 
enroll in any one school term, sixty-five pupils or more in such 
school it shall be the duty of the electors of said district at the 
next annual meeting to authorize the district board to make pro- 
vision for an additional room and an additional teacher for the 
accommodation and instruction of said children. 

Section 2. Failure to comply with this act shall cause the 
district to forfeit the right to share in the apportionment in that 
part of the public money which said district would otherwise re- 
ceive from the seven-tenths mill tax as provided by law. 

This law does not mean that school must be maintained in the addi- 
tional room for the entire year but for the term only in which the en- 
rollment is beyond the limit. This will probably be the winter term 
only. If the enrollment occurs for more than one term, a state graded 
school should be organized. 

(Chapter 502. Laws of 1909.) Section 430—1. The electors 
of any school district shall have powder at any annual or special 
school district meeting to order the district board to suspend the 
district school for such length of time as said electors may deter- 
mine to be to the best interests and advantage of the pupils re- 
siding in said district and to authorize the district board to make 
all necessary contracts in behalf of the district suspending the 
school for payment of tuition of such pupils to another school 
or to other schools conveniently located. 

Section 430 — 2. The electors shall also have power to order 
the board to provide for transportation of any or all pupils re- 
siding in the district to and from the school in their district or 
to and from the school or schools with which contracts for 
tuition are made. 

Section 430^ — 3. In all cases where the electors have voted to 
suspend the school in their district or have directed the board 
to pay for tuition or for transportation they shall provide by 
tax upon the district, a sum sufficient to meet the cost of the 
tuition or the transportation or both; provided that if any dis- 
trict at its annual or at a subsequent special meeting prior to 
the third Monday of November following shall not vote a tax 
sufficient to pay for tuition or transportation or both for the 
time during which the school is suspended, the district board, on 
or before the Wednesday next following said third Monday of 
November, shall determine the sum necessary to pay for tuition 



POWERS OF DISTRICTS. 27 

or transportation or both, as the case may be, and the district 
clerk shall at once certify to the town clerk the amount so fixed 
and the town clerk shall assess said amount as other district 
taxes are assessed. 

Section 430 — 4. It shall also be lawful for the electors to 
authorize the school board to enter into an agreement with the 
parent, guardian, or other person in charge of any pupil to 
compensate such parent, guardian, or other person, for trans- 
porting any pupil or pupils to and from school and to levy a 
tax therefor, provided that in all cases wdiere the distance from 
the home of the pupil or pupils who are to be transported is 
two miles or less by the nearest traveled highway the sum per 
pupil so paid shall be such as may be authorized by the electors 
and in all cases where the distance is more than tM^o miles the 
state may be called upon to pay five cents per day for each such 
pupil transported regularly to and from school in some reason- 
able and comfortable manner for a period of not lesi than five 
months. The school board or the town board of school directors 
and the principal teacher of the school in which such pupil is 
enrolled shall, on or before the fifteenth day of July of each 
year, make under oath a report giving the name of each pupil 
transported more than two miles, the number of days such pujjil 
was transported, the mode of transportation and the total 
amount claimed by the district on account of all pupils resid- 
ing more than two miles from school, for whom transportation 
or transportation and tuition have been paid. 

Section 430 — 5. Upon receipt of such report the state super- 
intendent shall certify to the secretary of state the amount due 
such district and the secretary of state shall thereupon is3ue a 
warrant in favor of such district for such amount which shall 
be paid by the state treasurer to the treasurer of the district 
from the school funds provided for by section 1072a of the 
statutes. 

Section 430 — 6. It shall be the duty of the clerk of the school 
district board to embody in the notice of every annual or special 
school district meeting at which any or all of the above matters 
are to be considered, a statement to that effect and said notices 
shall be posted, or posted and served, as provided for in sections 
425, 426 and 427 of the statutes of 1898. 

Section 430 — 7. No contract or agreement shall be made un- 
der this act that shall bind any district for more than three 
year^. 

Section 430 — 8. Wherever the term '^ electors" or "board" 
or "district board" or "district" occurs in this chapter it shall 



28 SCHOOL LAWS OF WISCONSIN. 

apply with equal force to "electors of a town or towns," or 
"town boards of school directors" in towns operating under the 
township system of school government. 

17. To give such direction and make such provision as may 
be necessary in relation to the prosecution or defense of any 
action or proceeding in which the disrtict may be a party or 
may be interested. 

The district may appoint any suitable person to represent It in a 
suit; but in the absence of such appointment, the director is consti- 
tuted the representative of the district in all suits. See section 442 
and the comment thereon. 

18. At the annual meeting only, to vote a tax to compensate 
the clerk, treasurer and director, which in districts supporting 
graded and high schools shall be such sums as may be voted, 
and in other districts not more than ten nor less than five dol- 
lars for each or any of the above officers. 

This chapter, authorizes the electors of any school district to com- 
pensate the treasurer and director, as well as the clerk, of the school 
board. If the electors desire to vote a compensation to these officers 
for services rendered it must be voted at the annual meeting at the 
commencement of the year. When compensation is not voted by the 
electors the officers serve without pay and the sum voted to each officer 
must be definitely stated. The amounts need not be the same. 

19. To alter or modify the [their] proceedings as occasion 
may require. 

The power to repeal proceedings cannot be exercised after they have 
been carried into effect, and rights have been acquired under them. 
When the district board has made a contract under authority of the 
district, the repeal of the resolution authorizing such contract will not 
abrogate the contract. 

A district can repeal a resolution to raise a tax, at any time before 
the vv arrant to collect the tax is handed to the collector; but this power 
cannot be exercised after part of the tax has been collected (Gale vs. 
Mead, 4 Hill; Smith vs. Dillingham, 4 Barbour). When it is thought 
advisable to repeal a resolution it should be done in express terms and 
not by implication. 

Officers elected at an annual meeting cannot be displaced by recon- 
sidering or rescinding former proceedings at an adjourned meeting. 
When an election has been held in due form, the elective power of 
the district is exhausted, and the officers chosen at the annual meeting 
are the legal officers gf the district, until by death, resignation, re- 
moval from the district, expiration of term, refusal to serve, or re- 
moval from office, a vacancy occurrs proper to be filled by election or 
appointment. And when a person entitled to hold office has been 
elected, and has not refused to serve, there is no power to take it from 
him or to debar him from assuming its duties. 

This statute was designed to supplement clause 13 of section 430. 



POWERS OF DISTRICTS. 29 

Limitation of taxes. Section 430a. (Part of Chapter 439, 
Laws of 1903. See page 187.) The total amount of school dis- 
trict tax hereafter levied in any school district in this state in 
any one year for building, hiring or purchasing any school 
building, and for the maintenance of schools, including 
teachers' wages and incidental expenses, shall not exceed two 
per cent, of the total assessed valuation of taxable property in 
such school district for the preceding year. 

Election of school officers in village, or city of fourth 

class. (Chapter 351, Laws of 1909.) Section 430a— 1. (1). 
Whenever a petition requesting that an election of school district 
officers shall be conducted after the manner of voting for village 
or city officers, signed by not less than twelve qualified voters 
of any school district in which the school officers are elected by 
the people, and which contains wholly or partly within its limits 
an incorporated village or city of the fourth class, is presented 
to the clerk of such district he shall at least six days before the 
time fixed by law for the annual school district meeting, post or 
cause to be posted in at least six of the most public places in the 
district, notices giving the manner of holding and conducting 
such election. 

(2) The election of school district officers shall be held in 
some convenient room in the district school building, and if there 
are two or more school buildings in such district, the notice 
shall specify in which building the election shall be held, and if 
the notice does no so specify it shall be understood that the 
building in which the last annual school meeting was held shall 
be the building designated. 

(3) The election of officers shall be by ballot, and suitable 
ballot boxes shall be provicled therefor. The pells shall be 
opened at three o'clock in the afternoon of the day fixed by law 
for holding the annual school district meeting, and shall be 
closed at seven o'clock of the same day. The time of opening 
and closing the polls, as well as the place of holding the election, 
shall be specified in the notice of such meeting, but a failure to 
so specify the time of opening and closing the polls and desig- 
nating the place shall not vitiate such election. 

. (4) The mayor of the city or the president of the village 
or board of trustees, as the case may be, shall appoint not more 
than five persons who shall act as inspectors and clerks .of this 
election and who shall make and keep a list of all the electors, 
men and women, voting at such election. 

(5) Immediately after the polls are closed and the ballots 
counted, the result shall be declared, and all ballots as soon as 



30 SCHOOL LAWS OF WISCONSIN. 

counted, shall be sealed in the ballot box and be kept in the 
custody of the village clerk or the city clerk, as the case may be, 
for sixty days. As soon as the result of the election is an- 
nounced, the electors shall organize and conduct the regular and 
usual business, other than the election of officers, authorized to 
be done at annual school district meetings. 

(6) The privilege of challenging any person as to his or her 
right to vote at such election shall not be prohibited or re- 
stricted. 

(7) The amount of compensation paid to the inspectors and 
clerks of this election shall be one dollar for each such inspector 
and clerk engaged and acting in conducting this election, said 
compensation to be paid from any funds in the treasury of the 
school district not otherwise appropriated. 

Vote on free text-books. Section 430b. At the annual 
meeting the question of providing free text-books for the use 
of all pupils attending the schools in the district and levying 
a tax sufficient to -meet the expense of furnishing free text-books 
for the use of such pupils shall be submitted to the legal voters 
present at such meeting and a vote taken thereon. The chair- 
man shall direct the vote to be taken before entertaining a mo- 
tion to adjourn sine die, and upon demand of any five legal 
voters present the vote shall be taken by ballot if a written reso- 
lution upon the question be submitted, and the ballot of those 
favoring the resolution submitted shall have thereon the word 
"yes," and of those opposing the word "no." 

This statute was designed to supplement clause 13 of section 430. 

Kindergartens. Section 430c. (Created by Chapter 298, 
Laws of 1899.) In any school district under the supervision 
of the county superintendent in which a high school or a graded 
school having more than two departments is maintained the 
question of establishing and maintaining by the levy of a tax 
therefor as many kindergartens as will be required to accom- 
modate the children of such districts between the ages of four 
and six years, allowing forty pupils to each kindergarten may 
be submitted at the annual meeting to the legal voters present 
and a vote taken thereon as in the case of a vote on free text- 
books. 

Section 430d. (Created by Chapter 29^, Laws of 1899.) 
The board of education in any city of the third or fourth class 
whether organized under the general law or special charter, at 
the time of certifying to the city clerk its yearly estimate of 



POWERS OP DISTRICTS. 31 

the expenses of the public schools under its charge shall certify 
also separately an estimate of the cost for the school year of 
as many kindergartens as will in their judgment be required 
for the accommodation of the cliildren of said city between the 
ages of four and six years. The council shall take action 
thereon: If the whole or a part of the estimate be approved, 
the council shall make an appropriation of the amount approved 
by them for that purpose, which shall be in addition to the other 
funds appropriated for school purposes and shall be used only 
for the support of such kindergartens. 

This chapter commends itself to those who are in favor of the estah- 
lishment of kindergarten departments, either in the country or in cities 
of the third and fourth classes. 

For legal qualifications of kindergarten teachers, see chapter 317, 
laws of 1907, page 84. 

Section 430n. (Chapter 588, Laws of 1907.) The electors 
of any school district having adopted the provisions of chapter 
317, laws of 1899, as amended by chapter 205, laws of 1901, 
and chapter 421. laws of 1905, may at any annual school meet- 
ing held in such school district vote to rescind the action of the 
electors of the district in adopting the provisions of this chap- 
ter, and to return to the district system of school government 
as provided in subsection 3, section 430; provided, that ten 
days' notice that such a question -v^nll be submitted to the elec- 
tors of the city school district at the annual meeting, be given 
by posting five copies thereof in five different public places in 
such city school district. In case the electors shall vote to have 
a school board of three members, the director, clerk and treas- 
urer then in office in such district shall continue in their re- 
spective offices during the full term for which they were elected, 
and thereafter their offices shall be filled in the manner pre- 
scribed by law. 



GENERAL OUTLINE FOR CONDUCTING DISTRICT MEETINGS. 

1. Elect a chairman (the person so elected may or may not be a 

member of the school board). 

2. If the district clerk is not present, appoint some one to act in his 

place. A full record of the proceedings of the meeting and the 
business transacted viust appear upon the minutes. 

3. The minutes of the last annual and all intervening special meet- 

ings, if any, should be read, corrected if necessary, and approved. 

4. The itemized reports of the members of the board giving the re- 

ceipts and expenditures for the year ending June 30th should be 
read and acted upon. 



32 SCHOOL LAW'S OF WISCONSIN. 

5. The report of the committee of three taxpayers appointed at the 

last annual meeting to examine the accounts of the school board 
should now he read. 

6. Determine the length of time school shall he taught during the en- 

suing year, which must not be less than eight months. The 
graded schools desirous of sharing in the special state aid must 
maintain at least nine months of school. 

7. Vote to raise a tax for school purposes for the ensuing year. This 

tax should be sufficient to enable the hoard to purchase needed 
apparatus and supplies, and the question should be brought up 
by the board, discussed, and a conclusion reached as to the 
amount needed, at the board meeting on the Saturday before the 
annual meeting. (See section 425, School Code.) Any person 
has, however, the right to make a motion as to the amount that 
shall be levied. 

8. Appropriate the sums of money necessary for repairs to the school 

building, fences, out-houses, grounds, for additional furniture, 
for providing for heating and ventilation, repairing or placing 
new blackboards, etc., etc. The members of the school board 
should make it a point to be at the schoolhouse in a body, half 
an hour or so before the time for opening the meeting. This 
time should be devoted to a careful examination of the condi- 
tion of the buildings and grounds. This is also a. good time to 
determine the cash valuation of the schoolhouse and the site. 
The books in the library (if they are still in the schoolhouse) 
should also be counted and examined, and the value of the ap- 
paratus estimated. This will enable the clerk to make a satis- 
factory statement in regard to these matters in his forthcoming 
report. 

9. If necessary levy a tax for the purpose of providing money for 

the purchase of maps, blackboards and school apparatus (see 
chapters 39 and 600, laws of 1907, found in the School Code Sup- 
plement). Expensive school apparatus should not as a rule be 
purchased. All kinds of apparatus purchased must have the ap- 
proval of the county superintendent of schools or of the state 
superintendent. In the past some persons purporting to repre- 
sent the state superintendent have persuaded school boards to 
purchase charts, etc., v^'hich are practically valueless to the 
school. School officers are agents of the district and should 
carefully avoid the imposition of traveling salesmen of this class. 
It must be distinctly remembered that the state superintendent 
^\ill give no agent a general recommendation for books, furniture, 
or apparatus of any kind. Any information relating to these 
things is only given upon receipt of requests made by school offi- 
cers. Keep clearly in mind that any person purporting to repre- 
sent the state superintendent in any way as an agent for school 
supplies of any kind is an imposter. His name, business, etc., 
should be reported to this office immediately upon his appearance 
in any district or his making an attempt to influence any school 
board to purchase his goods. 

10. A vote should be taken as to whether or not the district clerk, 

the district treasurer and the district director shall receive a 
salary for the coming year. A tax must be levied if the vote is 
favorable. The school district officers can not lawfully draw, 
countersign or pay an order upon the district treasury for the 
above purpose without having been first authorized to do so by 
majority vote of the electors. 

11. Elect officers to fill vacancies. This election must be by ballot. 

No other plan is legal. A majority (more tlian half the voters 
voting in the m-eeting) is necessary to an election. 



POWERS OF DISTRICTS. 33 

12. Appoint a committee of tliree taxpayers to examine the accounts 

of the school board between the 30th day of June next following 
their appointment and the nearest annual meeting, this commit- 
tee to report at said annual meeting. 

13. If necessary, vote to authorize the board to borrow money. The 

electors have authority to direct the board to borrow money from 
some bank or some individual or from the trust funds. If this 
matter is to be brought before the meeting, the directions under 
the head of "Borrowing Money," found in tlie School Code should 
be carefully read by all the school officers and by other parties 
directly interested. Sections 475, 476, 476a of the School Code 
should he carefully read and studied before the meeting is held. 
Read chapter 216, laws of 1907, in order to determine the maxi- 
mum amount that may be borrowed. 

14. Vote upon the question of authorizing the district board to admit 

to the privilege of the school, non-resident pupils and persons 
over twenty years of age. 
1.5. Fix a fee for tuition per week, month or term, to be charged for 
persons so admitted. If the electors do not decide this matter 
the duty devolves upon the board. 

16. Vote upon the question of closing the district school for one or 

more terms or for the year and providing for tuition, or tuition 
and transportation to adjoining districts in accordance with chap- 
ter 502, laws of 1909. 

17. Vote to determine whether or not the school board shall be directed 

to close the sclicol and provide transportation and tuition for all 
persons of school age who mav attend a state graded school or 
the grades below the high school in some adjoining or convenient 
district. (The tuition of those who attend the high school may 
be paid by the town in which they reside.) Chanter 553, laws 
of 1907, must be read and studied in this connection. Any dis- 
trict complying with the provisions of said chapter is entitled 
to receive seventy-five dollars of special aid from the state upon 
filing the proper application. 

18. Vote to determine whether or not the school board shall be author- 

ized to enter into contracts with parents, guardians or other per- 
sons in charge of anv pupil or pupils to compensate such parents 
or guardian for transporting anv pupil or pupils to the school. 
The statute permits compensation to be paid to such parents 
or guardians in cases where the distance is more than two miles 
from the school. Upon a proper statement made to the state 
superintendent as required by this act, a warrant may be drawn 
upon the state treasury for five cents per day for each day any 
child is transported under certain conditions. Read chapter 502, 
laws of 1909. 

19. Lew a tax to raise money for tbe payment of transportation or 

tuition in case advantage should be taken of any of the above 
provisions. 

20. Vote upon the auestion of furnishing free text books for your 

district. Chapter 443, laws of 1905, empowers the school toarcl 
to change text books, but under no circumstances must textbooks 
be changed, unless they have been in use for at least three years. 

21. Consider whether or net consolidation of school districts or of 

school interests in your neighborhood will be advantageous. 

22. Consider whether or not your school may be profitably organized 

into a state graded school or in certain cases into a free high 
School. 

Read chapter 256, laws of 1905, if you have anything like sixty^^ 
five pupils enrolled in a one room school house. If a two de* 

3— S. L. 



34 SCHOOL LAWS OF WISCONSIN. 

paitment state giadecl school is established the district will be 
entitled to special aid to the amount of $200 each year and if a 
three department school is established |300 will be paid annu- 
ally. 

23. Entertain any other matter relating to the management of the 

affairs of the district. 

24. Adjourn sine die if the business of the district has been satis- 

factorily completed. If not satisfactorily completed, it will be 
well to adjourn to a near future day. By so doing the trouble of 
calling a special meeting will be avoided. As many adjournments 
as are necessary to complete the business of the district may be 
legally taken. 



Parliamentaby 

Motion? in Obdeb 

OF Rank 

(A) 



1. To ac.journ (3) ^ 



2. Question of priv ilege. J 



S Orders of the day (Sii 
cial) i 

J 

4 Appeal from decision 
tliair. Questions of ord 



5. To wi hdraw motion 



6. To suspend a rule (4) | 



7. To reconsidei- (5) 1 

(B) I 



8. To lay on tlie table (7 
To talve from tiie tab! 



9. Previous question (6). 



10. To 1 oslpone to certE 
time 



11. To commit, refer or : 
commit (8) i 



12. To amend (9). 



13. To postpone indefinite 
(11) I 



14. The principal motion.! 



(A) Motions arei 
one of lower order 











SO .ME 


SIMPLE KLLES OF 


PARLUMEXTAKV 


PKACTUE. 








PARL[AMEXTAnY 
MOTIOXP IS ORDEB 

OF Risk 
(A) 


\f..^» It What 

iL%r- "aJor.ty Is it nebat- 


Does it 
Open Main 
Question to 

Debate? 


Can It be | Tan it be 
.\mended'f Committed? 


Can it lK> 
Postponed? 


Is it suly'ect 
to Previous 
Question ? 


Can It lie Can It be 

Keeonsld- L Id on I he 

ered? Table? 


„ . ! How does It 
Can It be i AITeet Main 
Renewed? 1 Qne.stlun? 

1 




1. To !ir.j..urn <3) Vis Majnrilj No No No 


So 


No 


No 


No 


No 


Yes— a'ler | Malniiu(>s- 
olher lius.- 1 tion lljst In 
ness Inler- 1 » nler next 
venes i meetluf 


(1> .Vii allirm^tlve vote .in 
the oi\lcl~. of tlicil;\v IV 
moves 111- iniilii.iuc.MOM 
fiMin .cu-UlevalKMi; ;i 
llc;:alUc Mile diMiciiM-^ 
with the lni->llie>sMn (or 
siHvinl tlnu-. 

(2) When the previous iiues- 
tion is moveil or an 
amenilment, »• dadoirt'd. 
delinle Is eloswl on the 


t. C!u(-.lloii of Drii liege.... 


No 


Maiorili 


Yes No Yes 


Tes 


Ves 


Vi's 


Y.>s 


Yes 


Merely sus- 
Ycs ivnds action 
onmahutues- 
lion 


3. Orders of Ihe day (Sre- 


No 


Two- 
. thirds 


No No 


No 


No 


No 


No 


Yes 


No 


No [ See note <1) 

1 




(3) Quorum not »ei essary lo 
adjourn. 

(4) Cannot suspe d Coiisli- 
tutlon or lly-I.aws. 


4. Api;ral from decision of 
( liah-. Questions of order 


Yes 


Majority 


Ves- 

'"f.'nmay" ' ^'" 
>l,eal,' uncc. 


No 


No 


No 


Yes 


Ves 


Yes— .sns- 
lalns ehnlr 
if carried 


No 


Meivly sus- 
IH'uds action 
(inmnlnuues- 
tlun 

Does not af- 
feet It 


5. To Ml lidraw molioii .... 


No 


MajorlH 


.No No 


No 


No 


No 


No 


Ves 




Yes 


(.>) Must be made Sv one 
who viiic.l on pwvaillm: 
side on main line. lion. 

(l!) The previous .iliesiloii 
Mipll sonly lod Imlalile 
iiuistlon--. 

(i) Motions once tatileil 
must W It moved by nio- 
lion to tak' tlotn the 
table. 

(S) Mellon !o coinmll can- 
not be mmle after ptvvl- 
ous nuestion has i.ecii 
ordi ivd. 

(W To anil 11.1 roiisllliilloii 

cirH.v -1 ill,,,. .,!«,,. 

ihlril-. ..,!,• M.iiMi, 1,. 

I'Olle ,^ h,. hihl,. 


C, Tosusuendn rule (4)... 


Ves 


Two- 
thirds 


No 


No 


1 
No No 


No 


No 




No 


No 


No effect 


7. To icfortsidcr (5) 

(il) 


Ye.s 


Majority 


Yes. if main 
riue.stion is 


•ics 


No ! No 

I 


No 


Yes-affects 
sideralion 


No 


Ves-does 
not table 
main ipies- 
llon 


Yes 


No effect 


P. To lay on tlie taijie (7)... 
'I'o taUe from tiie tabic*. . . 


Yes 


Majority 


No 


No 


No 


No 


No 


No 


No- 
ncff. vote 

aflirni. vole 


No 


Yes 


Tables main 
miesllon and 
all secondary 
toil 


1). I'icvious finest Ion (tl) 


Ves 


Two- 
thirds 


No 


No 


No 


No 


No 


No 


Ves 


Yes-taliii's 
entire sub- 
ject. 


ComiH'is iin- 
Yn« mediate volt 
*^^ onnialntiues- 

llon (2) 


III. Ill loslDone 10 certain 


Yes 


JIaiorltj- 


Yes— as to 
time 


No 


Ye.s— as to 
time 


No 


No 


Ves.-does 
not apply lo 
main ciues- 
tion 


Yes 


Yes 


Yea 


Postpones 
enlire sub- 
ject to llmo 
spccllled 


(lii)Mollons. as a iicneriii 




ter any other motion ill- 
lerlliir the slate of af- 
falisi has Inlerveiicil. 

(IllPosliKiiie liidellnltelv 
yields 111 all seconilary 
uiicslloiis cxcciil amcn.l. 


11, To commit, refer or re- 
commit (8) 


Ves 


Majority 


Yes 


Vc.s 


\>s 


No- 


No 


Ye.s-foiccs 
vote at onee 


Yes 


Yes-tahles 
enliresulj- 

jeet 


Yes 


Commits 
malmiucstlon 
ami all sec- 
oiuiary to it 




12. Toiiincnd (il) 


Yes 


Majority 


Yes. if main 
(lueslion is 


No 


Ves-not an 
amendment 

to an 
amendment 


Ves— talves 
principal 
motion 


Yes- post- 
pones main 
ciuestiun. 


Yes— forces 
vote at once 


Yes 


Yes-tahles 
entli-e sub- 
ject 


No 


Sec note 






13. Tonoslpono Indeflnltely 


Ves 


Majority 


Yes 


Yes 


No 


Yes 


Yes 


Yes— does 
not atfect 

tion 


Yes 


Yes 


Yes 


Hemoves 
main iiues- 
llon for ses- 
sion 








14. 'J'l-.e i)r-lnciiml motion.... 


Yes 


Majority 


Yes 


Yes 


Yes 


Yes 


Yes 


Yes 


Yes 


Yes 


Yes 







STPd in tlioorde 



isually cln^spd as "mlscollanrnus" motion. It \h lit op vv nt any tlino. 

every othcMiiip.illon (>xi'ci»l juljouni niul siHiit'ii'l t'ulpH. nnil (itllrrna- 



DISTRICT OFFICERS. 35 



IL— DISTRICT OFFICERS. 



Elections, terms and acceptance. Section 431. The of- 
ficers of the district shall be a. director, treasurer and clerk, 
who shall be residents of the district and hold their respective 
offices for three years and until their successors have been 
elected or appointed, but not beyond ten days beyond the ex- 
piration of their term of office without beins; again elected or 
appointed; provided, that at the first election of such officers 
in any newly organized district the clerk shall be chosen for one 
year, the treasurer for two years and the director for three 
years; and thereafter each officer shall be chosen for three years. 
Any person present at a meeting at which he shall be elected 
one of the board shall be deemed to be notified thereof: and any 
person so elected and not present shall be notified thereof by 
the clerk of said meeting within five davs thereafter: and un- 
less each person elected and notified shall within ten days after 
his election file with the clerk his refusal in writing to accept 
the office he shall be deemed to have accepted the same. 

Pee Forms Nos. IFi and 16. 

For la-"^ relating to R-^hool boards of ?!even membpr<?, sep chapter 317, 
lav'S of 'i^^^. as an-iendpd I)"<^ chanter 20^ la'^'s of tflOI. and chanter 421, 
la-n'S of 190.5, and chanter 198, laws of 1907, found under section 430 re- 
lating to powers of districts. 

In recL'onin*? the tenrs nf district officers, the time fron the first 
meeting of a lesrallv organized district to the first annual meeting, no 
matter how short that mav he. is to be considered a year, because all 
snbsenuent elections must take place at the annual meetings of the 
district; hence, at the first annual meetins: after its oreanization the 
district will e''ect a clerk, at the second a treasure^, and at the third, 
a director, each for a term of three years Ordinarily, but one district 
officer will be elected at an annual meetin.e. but it will sometimes be 
necessary to fill the unexpired terms of those who have vacated their 
offices. 

Section 443 restricts districts in their choice of treasurers; and prO; 
vides that they shall hold their offices until their successors are elected 
or appointed, and qualified by filing the reauired bonds. 

Section 513 makes women twenty-one years of age eligible as school 
district officers. Persons who have declared their intention to become 



36 SCHOOL LAWS OF WISCONSIN. 

citizens are eligible to district offices. The supreme court in 14 Wis., 
539, held that,— 

"As to all such governments it is an acknowledged principle which 
lies at the very foundation, and the enforcement of which needs 
neither the aid of statutory nor constitutional enactments or restric- 
tions, that the government is instituted by the citizens for their liberty 
and protection, and that it is to be administered and its powers and 
functions exercised only by them and through their agency." 

The doctrine laid down in this decision applies to women as well 
as to men. A married woman's legal status is determined by that of 
her husband. 

District board. Section 432. The director, treasurer and 
clerk shall constitute the district board. Meetings of the board 
may. be called by any two members thereof by serving on the 
other member a written notice of the time and place of such 
meeting at least twenty-four hours before such meeting is to 
take place. No act authorised to be done by the board shall 
be valid unless voted at its meeting. No formal notice of a 
meeting will be required where all members are present and 
consent to consider matters relating to the district. 

The decision of a majority at a meeting properly convened, is the 
decision of the board, but the decision of a majority, or even of all 
three, under other circumstances, is not the decision of the board, li 
is merely the concurrent opinion of the members, and is no more the 
decision of the board than the concurrent opinion of the members of 
the legislature, arrived at by taking their separate votes at their re- 
spective homes, would be an act of the legislature. 37 Wis., 54; 59 
Wis., 518. 

It was held in 16 Maine R., 185, that the dismissal of a teacher by 
two. a majority of the board, was illegal, because the third was not 
notified^.-although he was out of town. The court says: "That does not 
allow the majority to dispense with the rule requiring notice. They 
are not in such cases constituted the judges whether the notice would 
be effectual to secure his attendance. Nor would it be entirely safe 
to entrust them with such power, as it would afford an opportunity 
to select an occasion when they might judge that a notice would be 
ineffectual, and thus, by neglecting to give it, free themselves from the 
presence of a dissenting minority. It may often happen that those 
will be able to attend, who were believed to be so situated that their 
attendance could not be expected. Nor is there any difficulty in giv- 
ing the requisite notice in such cases, as one left at the usual place 
of residence would be sufficient." 

A single member of the board may be authorized to carry out a vote 
or determination of the board, such as making a purchase, engaging 
work to be done, etc. 

In Nevil v. Clifford, 63 Wis., 435, the court held that: 

i. The school board has the power to build a schoolhouse out of 
funds provided by the district for that purpose, but has no power to 
build, or cause to be built, a schoolhouse, and then make the cost of 
the building a charge against the school district. 

2. The voters at a school district meeting cannot authorize the school 
board to contract a debt on behalf of the district, or to levy a tax in 
an amount beyond the limit of their own powers in that behalf. 

3. Nor can a school district ratify a contract or acts of the school 
board, which it would have no power to authorize in the first instance. 



DISTRICT OFFICERS. 37 

4. A school district though containing less than 250 inhabitants may 
borrow a sum exceeding $600 for the purpose of building a schoolhouse, 
if the money is borrowed on such terms that it will not be necessary, 
in order to repay it, to levy a tax exceeding $600 in any one year. See 
subd. 11, sec. 430, and sees. 474, 475, 476, 476a, statutes of 1898, and chan- 
ters 40 and 342, laws of 1901 and 216 laws of 1907. 

Publication of official proceedings of school boards in 
villages and cities. Section 925 — 46m. (Chap. 249, Laws 
of 1909.) The official proceedings of regular and special 
meetings of boards of education in all incorporated cities and 
villages in this state, including a full statement of all receipts 
and expenditures, shall be printed and published in such man- 
ner as the board of education shall direct. 

This chapter does not affect any school board of any school district 
that does not include all or a part of some incorporated village or all 
or part of some city. 

If the district is composed of territory, part of which lies in a vil- 
lage or city and part in the adjoining town or towns, the board of such 
district is bound by this law. The manner of publication is left to the 
judgment of the board. The purpose is to give publicity to the board 
proceedings. 

Filling vacancies. Section 433. The board may fill by 
appointment any vacancy that may occur in their number 
within ten days after such vacancy shall occur; and if such 
vacancy shall not be so filled the town or village clerk, and in 
the case of a joint district the clerk of the town or village in 
which the school-house is situated, shall fill such vacancy by 
appointment. Any person upon being notified of his appoint- 
ment shall be deemed to have accepted the same unless within 
five days thereafter he shall file with the clerk or director a 
written refusal to serve ; and any person so appointed shall hold 
office until the next annual meeting, at which the electors shall 
fill such vacancy for the unexpired term. 

See Forms Nos. 17, 18 and 19. 

Section 962, of the Wisconsin statutes, declares when offices become 
vacant. That section is here inserted: 

Section 962. Every office shall become vacant en the happening of 
either of the following events: 

1. The death of the incumbent. 

2. His resignation. 

3. His removal. 

4. His ceasing to be an inhab.tant of the stata; or if the office be 
local, his ceasing to be an inhabitant of the district, county, town, 
city or village by or for which he shall have been elected or appointed, 
or within which the duties cf his office are required to be discharged. 

5. His conviction of any infamous crime, or of any offense involv- 
ing violation of h's official oath. 

6. The decision of a competent tribunal declaring void his election 
or appointment, or adjudging him insane. 



3g School laws of wtscoMsiN. 

7. The neglect or refusal of any person elected or appointed or re- 
elected or re-appointed to any office to give or renew his official bond, 
or to deposit the same in ti.e manner and within the time prescribed 
by, law. 

8. The neglect or refusal of any ofncer in office to execute and file 
an additional tond, wt:en lawfully required, in the manner and within 
the time so requiied or piesciibed by law. 

9. The death or deciination in Vvriting of any person elected or ap- 
pointed to fill a vacancy, or for a full tcim, beiore he qualifies, or his 
death or such decLnation teloie the time when, by law, he should enter 
upon the duties of his office, to which he wag elected or appointed. 

10. On the happening of any other event which is declared by any 
special pi o vision of law to cieate a vacancy. 

This section introduces authority for the village clerk to appoint 
membeis of district boards, or members of boards of joint districts, 
in all cases where the memoers of the boaids themselves fail to fill a 
vacancy in their own number. 

This power of appointment by the village or city clerk does not ex- 
tend beyond the limits of tr.e district in which an organized village or 
city is located. 

"When a vacancy iir the beard of a joint school district has not 
been filled by the bcaid itself within ten days, such vacancy must be 
filled by appointment made by the clerk of the town, village or city in 
which the school house of the joint distiict is situated. 

By this section it is made th9 duty of the town, city or village clerk 
to fill a vacancy in a district board when he is officially informed of 
its existence; but his function is administrative, not judicial, and does 
not clothe him with authority to iniiuire into the validity of an officer's 
election or appointment, or to declare an office vacant. 

The sufficiency of the treasurer's bond must be determined by the 
directors and clerk, but they are bound to exercise a sound discretion 
and may rrct use this power to defeat the will of the district. 

'The Vvilful and unjust refusal of the officer required to approve 
the official tend of a person elected or appointed to an office, to gi'-'e 
it his approval, cannot deprive such person of his office or create a 
vacancy therein. 

"If the lailure of a person appointed to an office to file his official 
bond within the time prescribed was due to no neglect or default on 
his part (as where the officer required to approve such bond withheld 
his approval on the grourrd that the appointment was invalid), such 
appointee may, after judgment in his favor in an action to oust an 
usuii^er from the office, file his bond and do any other act necessary 
to entitle him to discharge the duties of the office." See section 3471, 
W. S.; 65th Wis., 510. 

The V. ord "town" may be construed to include all cities, wards, or 
districts, unless such construction would be repugnant to the provi- 
sions of any act specially relating to the same. Subd. 17, sec. 4971, 
W. S. 

The power of a district board to fill a vacancy continues but ten 
days; if they do not fill it in that time, the duty devolves upon the 
town clerk. But neither the board nor the town clerk is authorized 
to act judicially, and set aside an election, where an officer is deemed 
to have been elected illegally. Such person having been declared 
elected, and having entered upon the office, will be held to be an officer 
de facto until the illegality of his election is determined by competent 
authority. 

In other cases the board, town, city or village clerk, before making 
an appointment, must of necessity decide in view of the facts that a 
vacancy exists, and in the order making the appointment, the facts 
which have caused the vacancy should be stated. 



DISTRICT OFFICERS. , 39 

In case of expiration of a term of service, and no election to fill the 
vacancy, it is to be understood that the term does not actually expire 
until ten days after the annual meeting. The board then has power, 
for ten days, to fill the vacancy; and the town clerk has' therefore no 
power to fill it until twenty days after the annual meeting. 

In case of a single vacancy in the district board, those in office pos- 
sess all the powers of a full board for the purpose of filling such va- 
cancy, but if two vacancies exist at the same time, the remaining mem- 
ber cannot fill them. It must be done by the town clerk. 

A person should not be re-appointed who refuses to serve, or v/hose 
resignation has been accepted. The statute regards the penalty for 
refusing to serve as an equivalent for the service. (See section 500.) 

In case of appointment, the term of office of the appointee expires 
at the next annual meeting, and if a successor is not then elected, the 
incumbent cannot hold the office more than ten days after the annual 
meeting, except in the case of tlie treasurer who will hold the office un- 
til his successor has filed his bond. It then becomes the duty of the 
board to fill such vacancy, and if they neglect to fill it, this duty devolves 
on the town clerk. ' 

Vacancy. Section 433a. When the clerk, director or treas- 
urer shall be and remain absent from the district for which 
he was elected for a period exceeding sixty days his office shall 
be deemed vacant. 

Purchase, etc., of school-house. Section 434. When 
lawfully directed by the electors the board shall purchase or 
lease the site for a school-house designated by the district y build, 
hire or purchase a school-house out of the funds provided for 
that purpose, and sell and convey any site, school-house or other 
property of the district. 

See Form No. 20. 

A school district is k corporate body, and as such has perpetual suc- 
cession and existence in its corporate name, and the capacity to hold 
real and personal estate for its corporate purposes. It possesses this 
power as a legal body wholly distinct from the individuals who from 
time to time compose it. The district can act as a corporation only 
through its officers. The power to purchase or lease a site for a school- 
house, or to build, hire or purchase a schoolhouse, or to sell any 
schoolhouse, site or other property, belongs exclusively to the district 
board. It is often the case that a building committee is appointed by 
the district to superintend the erection of a schoolhouse. Although 
the law contemplates no such committee, there may be no serious ob- 
jection to it, if it can aid the board by its advice and service in car- 
rying out the wishes of the people. But the district board alone has 
power to bind the district by a contract, written or verbal, and the 
district has no power to supersede them by appointing a building com- 
mittee, or any other agents. 

A stringent contract, which in all cases should be in writing, with 
proper provisions for the adjustment of any questions that may arise 
under it, should be made. 

The inhabitants of a district assembled in district meeting, should 
give plain and specific instructions to the district board in regard to 
the matters referred to in this section. All votes relating to purchase 
or sale of a site, schoolhouse, or other district property, should be taken 



40 SCHOOL LAW'S OP WISCONSIN. 

by yeas and nays, and all proceedings should be entered at leiigtil 
upon the record book of the district. 

Care of School Property — Entertainments — Admission 
may be charged. (Chapter 270i, laws of 1907, amending section 
435, statutes of 1898.) Section 435. The board shall have thte 
care and keeping of the schoolhoiise, books, apparatus and other 
property of the district, except that especially confided by law 
to the clerk, and before each annual meeting they shall make 
and deposit with the clerk of the district an inventory thereof; 
keep the schoolhouse in good condition and repair, and provide 
all necessary appendages during the time a school shall be 
taught therein. They may grant the request of any responsible 
inhabitant of the district to occupy the schoolhouse for such 
public meetings as will, in the judgment of the board, aid in 
disseminating intelligence and promoting good morals; any 
such licensee shall be answerable, and if there be no responsible 
licensee, the members of the board shall be personally liable to 
the district for any injury done to any property and for any 
expense incurred by, at or in consequence of any such use of 
the schoolhouse. They may grant the use of the schoolhouse 
for the holding of lectures, entertainments and school exer- 
cises, provided they are held under the auspices of the school 
authorities, and are for the benefit of the school, and may 
permit the charging of an admission fee thereto. 

Until the passage of this act it was not lawful for the authorities 
in a school district to chai'ge an admission fee for attendance upon 
lectures, enteitainments and school exercises given in the public school 
building. This law changes the rule and an admission fee may be 
charged for admission to enteitainments given in the public school 
building. Read section 515a under "cities" page . 

The books and records of the district are by law committed to the 
care of the clerk. The beard has exclusive control of all property 
belonging to the district. 

It is the duty of the board to provide the necessary appendages for 
the schoolhouse, without waiting for instructions from the people of 
the district. They are also required to keep the schoolhouse in good 
condition and repair during the time a school shall be taught therein. 
This duty should be promptly and efficiently performed. Under this 
section the board has power to cause to be built suitable out-houses, 
and to provide blackboards, and other tl:ings necessary to the success- 
ful management of the school. 

It may be wise lor district officers to be guided by the expressed wish 
of the district concerning matters which this section conrmits to their 
care; but no vote of the electors of a district can divest its officers of 
the authority or relieve them of the responsibility with which the stat- 
ute cloth ;:'th em. 

In the cxarcise of the discretion confided to the board under this sec- 
tion it should distinguish between things necessary and things unneces- 
sary, though perhaps desirable. A stove is a necessity, an organ is not. 

This power is limited by the power to raise a tax prescribed in subds. 



DISTRICT OFFICERS. 41 

5 and 8. sec. 430; and is also conditional upon the allowance of the ac- 
count of the board at a district meeting, as provided in sec. 436, except 
where the district has already provided a fund and directed the board 
to purchase and pay for such appendages therefrom. A purchase of 
seats for a schoolhouse by the board before the district has voted to 
raise any money therefor is void unless the account be allowed by the 
district or the purchase be in some manner ratified by it. The allow- 
ance of such account is a condition precedent to the levying of a tax 
therefor. Retaining and using such seats is not a ratification of the ex- 
press contract made by the board therefor, when such contract was 
never presented to the voters of the district, and there is no evidence to 
show that thev knew its terms. But such retention and use amount 
to an approval of the navment of the purchase nrice for such seats by 
the board: Kane v. School District, 52 Wis., 502. But if the terms of 
such contract had been made known to the voters of the district at 
some meeting thereof, and they had failed to act thereon and had after- 
wards authorized the district officers to use the articles purchased, 
probably this would have bound the district. 

The board should also visit the school, inspect the buildings and 
grounds and see that the school building is insured in some good com- 
pany. See sections 441-441a, and chapter 373, laws of 1905, page .... 
of this code. 

School boards to provide maps, charts, globes, books 
and supplementary readers and other equipment for 
schools.- (Chapter 39, Laws of 1907, amending section 436, 
Statutes of 1898.) Section 436. The board may purchase 
such books, blanks and stationery as are necessary for keeping 
a record of the proceedings of meetings, and the accounts of the 
treasurer and for doing the business of the district in an or- 
derly manner, and such other equipment, including sup- 
plementary readers, dictionaries, library catalog cards and card 
cases, maps, charts, globes, books and school apparatus, heating 
and ventilating apparatus, as may be approved by the stato 
superintendent or by the county superintendent for the use of 
schools, not exceeding one hundred dollars in value in any 
one year, from any funds in the district treasury not other- 
wise appropriated, and such school books as in their judgment 
may be necessary for the use of any children attending school 
in their district whose parents and guardians may not be able 
to furnish the same. All such purchases shall be approved at 
a regular meeting of the board at which all members are pres- 
ent. The board shall keep an accurate account of expenses 
incurred by them under the provisions of this section and pre- 
sent an itemized statement of such purchases to the annual 
meeting. 

It is worth while to emphasize that provision of this chapter which 
requires that, "All such purchases shall be approved at a regular meet- 
ing of said board, at which all the members thereof shall be present." 
No contract made in violation or neglect of this plain requirement will 
b^n^ the district, ^fld al| questions as to payment pf the purc^iase pr|ce 



42 SCHOOL LAWS OF WISCONSIN. 

of any school apparatus contracted for without the regular meeting of 
the board must be settled by the firm or agent and the school officers as 
individuals. They and not the district assume all responsibilities. 

This chapter enlarges the scope of section 436, statutes of 1898, by 
giving the board specific authority to expend for needed appliances for 
the school room the sum of $100, instead of $75 as heretofore. It is 
also more specific in its statements of what may be purchased. The 
question will undoubteddly occur as to what is to be included under the 
different heads mentioned in this statute. In the ipatter of supplemen- 
tary readers, there should be as many copies of the primer as there are 
pupils in the primer class. The same rule will apply to supplementary 
iirst readers, second readers and third readers. There should be one 
Webster's International Dictionary in good usable condition. This dic- 
tionary may be secured from the State Department under the pro- 
visions of section 509 of the School Code. There should be at least one 
Academic Dictionary for every six pupils doing work in the middle and 
upper forms. One set of at least eight maps in a close, dust-proof roller 
case; one globe 8 or 10 or 12 inches in diameter, with a suitable case. 
The cost of the globe and the case should not exceed $6.00. Entirely sat- 
isfactory globes are frequently purchased for less. A good blackboard 
at least 20 feet long and four feet wide, (slate is always to be pre- 
ferred) making at least 80 square feet of surface should be provided. 
In a primary department or a school of one department only, the bottom 
of this board should not be more than 24 inches from the floor. The 
school room should be kept furnished with seats and desks in good 
condition. All desks of the same size should be placed in the same 
range or row. Single desks are always to be preferred. No. 2 desks 
will accommodate the largest pupils enrolled in rural schools and No. 
5 will accommodate the smallest. Adjustable seats and desks, while 
somewhat more expensive, and not so strong or durable as stationary 
desks and seats, will enable the teachers to regulate the height to ac- 
commodate the pupils. Care must be taken to place the desks .so that 
the pupils may be able to use them and to take comfortable positions 
■ at them without having to lean forward. As a rule the desk should be 
so placed that a line dropped from the front edge will strike from one 
to two inches inside the front edge of the seat; or in other words, the 
front edge of the desk should over-lap or over-reach the front edge of 
the seat bblow. If possible the desks should be so placed that the light 
may come from the rear and left of the pupils. Recitation seats should 
be provided in number sufficient to accommodate the largest classes. 

Heating and Ventilating School Rooms. 

Hot Air Furnace. 

The matter of properly heating and ventilating the school room is of 
the utmost importance. The school room should, if possible, be kept at 
a uniform temperature of 70° F. and should be continually supplied 
with warmed fresh air while the school is in session. In order that 
this fresh air may be supplied it is necessary that a fresh air inlet and 
a foul air outlet shall be constructed of a capacity sufficient to meet the 
needs of the room. A basement furnace properly installed with a fresh 
air intake and with a foul air outlet, will heat- and ventilate the room 
and keep the floor comfortably warm at the same time. The fresh air 
intake provided for any furnace should be at least 14 inches in diameter. 
The foul air outlet must be larger than the fresh air intake. The chim- 
ney built for the outlet must be at least 16x16 or 12x24 inches inside 
measurement. (Ordinary bricks are 2x4x8 inches in measurement and 
consequently will not build well into a chimney the dimensions of which 
are not divisible by 4.) This really means a chimney with the flue 
large enough to carry off the smoke from the furnace as well as the 



DISTRICT OFFICERS. 43 

foul air from the room. This foul air outlet or chimney must be pro- 
vided with a suitable register (the "wing" or "window shutter" kind 
preferred), at least 16x20 inches or 12x28 inches placed on one side of 
the foul air outlet, the lower end of the register reaching to the floor. 
This will enable the teacher to control the foul air ventilation. The hot 
air from the furnace, in crder to secure the best ventilation, must be 
admitted into the room from an opening (a register similar to the reg- 
ister provided for the foul air outlet but somevhat smaller) near the 
ceiling. This demands that a hot air pipe shall carry the fresh air 
from the furnace between the walls of the building, or that a suitable 
chimney extending partly into the room, or that a pipe of proper size 
built of steel shall be provided.^ The warm air should be admitted 
through the register into the room on the same side of the room where 
the foul air outlet is constructed. This will, if the windows, doors, floor 
and ceiling are tight, provide for a better distribution of the heated 
fresh air throughout the room, than can be obtained by placing the hot 
air register in the floor. If, however, the hot air register is placed in 
the floor it will be well to have a circular jacket placed over the reg- 
ister and extended up into the room at least five feet. This will direct 
the hot air current directly towards the top of the room and will pre- 
vent the pipe from becoming filled with dust and sweepings from the 
floor. 

The Jacketed Stove. 

A stove of sufficient size and shape, properly jacketed, with suitable 
provisions for the admission of fresh air and for carrying off the foul 
air, may be made to meet the requirements of the law as stated in 
chapter 600, laws of 1907. A careful investigation of various methods 
for obtaining ventilation by the use of a jacketed stove leads to the 
conclusion that the following is the only home-made system that the 
school boards are safe in placing in their schools: 

A stove of round-oak type, having a fire-pot 20 inches in diameter for 
a room 20 by 32 feet and a larger fire-pet for a larger room should be 
used. This should be placed in the end of the room v/here the chim- 
ney is built. This is important in order to secure a proper distribution 
of heat and circulation of fresh air. Do not, however, place the heater 
directly in front of the chimney if it can be avoided. In case it seems 
desirable or cannot te avoided, the heater must be placed at least 
eighteen inches from the chimney and that part of the jacket back of 
the stove should reach to the floor. A fresh air pipe at least 12 inches 
in diameter should te brought from the outside of the building to a 
point immediately behind the stove. The opening of this pipe should 
be opposite the fire-pot and inside the jacket, that is, it should reach or 
project to a point 4 inches above the bottom of the jacket which is to 
be placed about the stove. If this fresh air intake opsns below the stove 
through a register it will be found that the cold air will blow out under 
the heater and the jacket and over the floor and cause the floor to be 
cold unless the fresh air ventilation is entirely cut off. A jacket should 
be built to fit around the stove. This should extend at least 6 inches 
from the heater at all points and should be lined with asbestos paper 
and corrugated tin. The tin lining is necessary in order to keep the 
asbestos in its place and from being torn by the pupils. This lining 
will prevent any direct transmission of heat through the jacket. The 
jacket should be built with heavy steel rings at the top and bottom and 
steel frames for the door in order that it may withstand the hard usage 
in school. It must entirely surround the stove and be provided with 
one or more doois through which the fuel and ash doors may te 
reached. The bottom of this jacket should be placed at least 8 inches 
above the floor on stout straps or steel legs. A tight-fitting damper 



44 SCHOOL LAWS OF WISCONSIN. 

should be provided in the fresh air intake near the outer end, so ar- 
ranged that it may be regulated from the inside of the room according 
to the wind and weather or may be closed when school is not in ses- 
sion. This "cut-off" or damper may be placed close to the wall inside 
the room in most cases. This plan provides means for bringing into 
the room plenty of pure air and also takes care of the heating part of 
this ventilation system. 

An important feature, one which must not be deviated from, is the 
construction of the smoke chimney and the foul air ventilation. The 
chimney should be built from the ground up and should be at least 16 
inches square inside. The best results will be obtained if this is a 
double course chimney in order that as much heat as pcssible may be 
retained in the ventilation sliaft. A stack or pipe 8 inches in diameter 
made of No. 12 steel should be placed in the center of this chimney. A 
"T" for receiving the smoke pipe from the stove should pass from this 
steel stack or pipe through the walls of the chimney at the proper 
height from the floor to receive the smoke pipe from the stove. The 
bottom of this steel stack or pipe must be tightly closed and all joints 
mad© tight. 

The term "double course chimney" must net be misunderstood to 
mean a double-fiue chimney. The chimney should consist of a single 
flue only. Neither must it be understood that the eight-inch stack or 
pipe made of No. 12 steel must reach to ths bottom of the chimney. If 
it extends just below the point where the "T" projects, that will be all 
sufficient. No. 12 galvanized steel is heavy and hard to work and is^ 
suggested simply because of its durability. A much lighter grade of 
galvanized iron or steel can be used. It will net, however, be so dur- 
able. If No. 22 were used, while it can be easily worked by your local 
tin smith, it would probably Irist for a few years only. It can, however, 
be easily replaced. A "double course chimney" is oue of double thick- 
ness or built of two courses of brick. The chimney should go out 
through the peak of the roof and stand at least 4 fret above the peak 
and the steel stack or pipe within the chimney should be placed a foot 
higher than the chimney itsslf. A wing register 16 by 20 inches should 
te placed in the bottom of this large ch'mney, the lower edge of the 
register placed even with the flcor line. The idea is that the foul air 
will pass out through the space surrounding the steel stack or pipe in- 
side the chimney and a good upward draft will be mainta'ned, especially 
in the winter time, because of the heat transmitted through the steel 
stack or pipe. 

This system has been quite thoroughly tested and is recommended 
as having proved satisfactory. 

EEMAND GUAEANTn:E. 

The board members should be coi^stantly on their guard against cheap 
and unsat'sfactory ventilating apparatus recommended by persons not 
regularly engaged in the business of supplying such appliances. The 
home-made appliances devised by local dealers cannct be safely relied 
upon. If home-made appliances are to be used the plan above described 
should be strictly foUowe;!. There are several patented systems on the 
market that have proved satisfactory and may be purchased outright 
from the dealers or firms by district boards if they so prefer. Any one 
of these systems will be installed by the company furnishing it and will 
a^so be fuly guaranteed. Under no circumstances should any patented 
heating and ventilating system be installed by any agent or company 
unless the chimney is at least 12 inches square inside measurement, or 
the equivalent; that is, 144 inches in area. The foul air pipe must also^ 
be 12 inches in diameter. It is practically useless to pay out money for 
tlie installment of any kind of heating and ventilating g,pparatus unless 



biSTAlCT OFFICERS. 45 

the arrangements and appliances for its successful operation are pro- 
vided. Salesmen and even principals of firms selling such apparatus 
may insist that their especiaj system will perform the work and meet 
ail requirements with aimost any kind or size of clrimney. It must be 
remembered, however, that these people are business people and that it 
is one pait of their business to sell their systems, and while it is not 
my disposition or purpose to in any way interfeie or hinder such peo- 
ple in their legitimate plans, I nevertheless deem it my duty to insist 
that any system of heating and ventilation shall be properly installed 
and that school districts and school district otiicers shall be protected 
and the ccmtoit of the children shall be secured, rather than otherwise. 
The instructions given here are the result of experience, careful study 
and investigation as well as consultation with persons skilled in mat- 
ters pertaining to school loom sanitation. Do not neglect to demand 
and secure a strong, clearly worded guarantee from any firm that in- 
stalls a plant in your school building. The county superintendent 
dent can doubtless give the school boards necessary information con- 
cerning the cost of installing any one of these systems and also give the 
address of the company by whom it is furnished. School boards must 
keep in mind, however, that a cheap sheet-iron fence or shield around 
aA ordinary stove, with a fresh air register under the stove and a ven- 
tilating pipe stuck into the side of the chimney, will not be considered 
as a "system of ventilation and heat distribution" within the meaning 
of these terms as used in the statutes and as interpreted by this depart- 
ment. Under no conditions will any system ventilate the school room 
properly if any considerable quantity of outdoor air is permitted to 
enter the room through windows and doors, through cracks in the 
floor, openings under the baseboard or openings in the ceiling. A ceil- 
ing made with a thin coat of plaster or a ceiling that is full of cracks 
and openings will interfere seriously with the perfect working of any 
ventilating system because it allows the heated fresh air to escape from 
the room into the attic without resulting in any benefit whate-ver to the 
pupils. Tight walls and ceilings, tight floors, close fltting doors and 
windows are as essential to the successful working of a heating and 
ventilating plant as are the fresh air inlets, the foul air outlets, the 
jacketed stove or furnace or a patented system. 

Care of Sciioolhouse, Furniture, Outbuildings. 

The walls of the school room' should be kept clean at all times and 
provisions should be made for cleaning the floor and woodwork every 
month. During cold weather the air should under no circumstances be 
allowed to circulate under the school room floor. 

The foundation wall or underpinning of the school building should 
be made and kept air-tight during the winter. Windows should be 
properly curtained and supplied with conveniences that will permit the 
teacher to regulate the amount of light admitted to the school room. 
Curtains fastened to spring rollers and flxed in an easily movable 
frame that can be attached to an ordinary window will be more satis- 
factory than curtains flxed to spring rollers attached to the bottom 
part of the window rather than the top, but curtains with rollers fixed 
at the lower part of the window are more satisfactory than those with 
rollers fixed at the top. The light from the upper part of the window 
is the most satisfactory for all school room purposes. 

A good substantial card catalogue case with a sufficient number of 
cards for cataloguing the school library books should be furnished. 
The books must be properly catalogued and a suitable case provided in 
which to keep them. Both cases should be dust proof and the library 
case provided with a lock and key. 

The school building should be kept in good condition and free from 
unsanitary features. At least two suitable and convenient outhouses 



46 SCHOOL LAWS OP WISCONSIN. 

placed at least thirty feet apart and separated from each other by a 
tight board fence at least seven feet high, must be provided and kept 
in clean and wholesome condition. Chapter 232, laws of 1907, provides 
that if the electors of the district fail to vote for a sum suflacient to 
enable the board to meet the requirements of said chapter, it shall be 
the duty of the district board before the third Monday of November to 
meet and determine the amount needed to provide and maintain the 
outhouses and board w^alks as required, and the clerk must certify to 
the town clerk the amount so determined. The town clerk must then 
place said amount in the tax roll to be levied and collected as other 
school taxes are levied and collected. This is mandatory upon school 
boards. 

In addition to the above, chapter 600 requires that the teaching shall 
be "elRcient." In order that the teaching work may be considered 
efficient it is essential that good order shall have been maintained ja 
the school; that the teacher shall have been competent, faithful and 
progressive in her work. The district must have maintained what will 
be considered by the county superintendent and by intelligent patrons 
as a good school in every essential particular. 

A school maintained, furnished and provided as set forth in the law 
and as interpreted in this circular shall be entitled to receive special 
aid to the amount of $50 annually for three years. 

The annual report made by the district clerk under the requirements 
of section 462, and a special report of the county superintendent for 
the year ending June 30, must be the basis for making the special or 
merited apportionment. 

School Boards — To erect out -buildings. (Chapter 232, 
Laws of 1907, creating seoiion 435a.) Section 435a. It shall 
be the duty of each school district board, or in towns under 
the township system, the town board of school directors, to 
provide at least two suitable and convenient outhouses or water- 
closets for each of the school houses under its control. Said 
outhouses or water-closets shall be entirely separated each 
from the other and shall have separate means of access. The 
boys' outhouse shall be provided with suitable urinals. Said 
outhouses and said water-closets if detached from the school 
house, shall be placed at least thirty feet apart and separated 
by a substantial close fence not less than seven feet in height, 
and where placed on opposite sides of the school grounds shall 
be suitably screened from view. The board of education shall 
have said outhouses and water-closets kept in a clean and 
wholesome condition. If the electors of the district or town 
shall at the annual meeting fail to vote a tax of sufficient 
amount to enable the board to comply with the provisions of 
this section, it shall be the duty of the district board or the 
town board of school directors, prior to the third Monday of the 
November following, to determine the sum necessary to be raised 
to carry out the provisions of this section, and the clerk or 
secretary shall forthwith certify to the town clerk the amount so 
fixed, who shall assess this amount as school district taxes are 



ttlSTRlCT OFFICERS. 47 

assessed, and such amount shall be assessed, levied and col- 
lected at the same time and in the same manner as other taxes 
for school purposes. 

This is an important statute. School boards should not delay in com- 
plying -with its requirements. It is cornpulsory and is intended to rem- 
edy cond.itions that are a disgrace to too many districts and which 
should not be permitted to continue a day after school opens. Read this 
chapter, call a board meeting, read the chapter to your fellow members 
on the board and make arrangements to comply with its provisions at 
once. The health and moral welfare of children demand immediate 
action at your hands and under the dema,nds of this law. 

Flags. Section 436a. Every board, of education or district 
board shall purchase at the expense of the city, town, village 
or district to which it belongs and display in each school-room 
or from a tiag-statf on each school-house or on the grounds 
thereof a Hag of the United States, and purchase in like man- 
ner whatever may be needed for the display or preservation of 
the flag. 

The above section is compulsory. When a flag is purchased, the dis- 
trict board should make soma provision for properly caring for it. If 
left exposed to the weather it will be quickly destroyed. The teacher 
should exercise the same control over it that it is his duty to exercise 
in regard to other district property placed in his care during the school 
term, and the district clerk should care for it during vacations. 

Deficiency in tax. Section 437. If any district, at its an- 
nual or at a subsequent special meeting prior to the third Mon- 
day of November following, shall not vote a tax sufficient to 
maintain a school for the term of six [eight] months during 
the ensuing year, the board, on or before the Wednesday next 
following said third Monday of November, shall determine the 
sum necessary to be raised to maintain such school, and the 
clerk shall forthwith certify to the town clerk the amount so 
fixed, who shall assess the same as other district taxes are as- 
sessed; and all school money received from the school fund in- 
come shall be applied exclusively to the payment of teachers' 
wages. 

While the law has restrained districts on the one hand, from voting 
excessive taxes, it has also provided a security against the parsimony 
or negligence that would sometimes fail to open schools at all, or that 
would 'open them for an insufficient period. Eight months' school in 
each year is the smallest amount that entitles a district to share in the 
income of the school fund. The district board is charged with the duty 
of making this provision, if it is not done by the district. The neglect 
on the part of the board to do this is punishable by fine, or removal 
from office. See sections 507, 4549 and 4550. 

Contract with teacher. Section 438. The board shall 
contract with qualified teachers, specify in the contract the 



48 SCHOOL LAWS OF WISCONSIN. 

wages per week, month or year to be paid, and when completed 
file the contract, with a copy of the certificate of the teacher so 
employed attached thereto, with the clerk. No contract with 
any person not holding a diploma or certificate authorizing him 
to teach shall be valid; and all such contracts shall terminate 
if the authority to teach expire by limitation and be not re- 
newed or be revoked. 

See Form No. 21. 

The duty here devolving upon the district board, lil-;e any other act 
performed by it, must be preceded by a regular meeting, as provided 
for in section 432. The district board has no authority whatever foi 
pay^ing money from the district treasury for the services of a teachei 
who has not been hired strictly in accord with statutory direction. See 
section 432 and the comments thereon. Though failure to comply w^itb 
the law, district officers render themselves and their district liable to 
serious pecuniary loss. 

Two of the board may be in favor of hiring a certain teacher, and 
may think that because they are a majority there is no need of a meet- 
ing to consider the subject. But each member of the board has an 
equal right to be heard. Two of the board have no right to assume 
that the other member may not be able to give good reasons for hiring 
some other person than their candidate. Common courtesy as well as 
the law requires a meeting for deliberation. 

In negotiating for a teacher,, the board should iirst of all ascertain 
that the person is legally "qualified." The only legal evidence,- of this 
is an unexpired certificate from the proper superintendent. If the 
county be divided into two superintendent districts, the certificate must 
be from the superintendent of that division of the county in which tlie 
school is to be taught. In case of a joint district not wholly within the 
jurisdiction of one superintendent, the certificate must be from the su- 
perintendent within whose jurisdiction the schoolhouss is situated. A 
certificate has no validity or force beyond the county or jurisdiction 
within which it is given, although "indorsed" by some other superin- 
tendent. 

The contract is of no force unless signed by at least two members of 
the board. It is better that it be signed by all. 

There is no authority for making a contract whereby the teacher en- 
gages to board with the parents of the children. 

The employment of any member of the district board to teach the 
school is not strictly forbidden by statute; nevertheless, it must be con- 
sidered illegal, because against public policy; and a contract by a ma- 
jority of the board with one of their own number, could not be enforced. 
25 Wis., 551. 

The binding character upon the district or upon the in-coming board, 
of contracts with teachers to extend beyond the close of the school year 
has been settled by the courts. 16 Wis., 336; 118 Wis., 294. 

The selection of the teacher and the amount of his compensation are 
committed to the discretion of tEe board. The board may respect the 
expressed wish of the inhabitants, but the duty and responsibility of 
action in these matters remains with it. 

The teacher's security lies, first, in securing legal qualification to 
teach; second, in securing a legal contract. A verbal agreement may 
be incapable of proof, and may be broken. 

A teacher holding a legal contract may be dismissed for cause, dur- 
ing its continuance, but the burden of proof always rests with the party 
that terminates a legal contract. 

A teacher prevented from rendering full service by the destruction of 



DISTRICT OFi^ICERS. 49 

the schoblhouse, or by the suspension of the school by order of the 
board, on account of the prevalence of a contagious disease, if ready at 
all times to render the service for which he contracted, may recover full 
compensation. 50 Vt., 30; 43 Mich., 480. 

A minor possessing the qualifications may, with the assent of his 
father, contract with a boaid to teach school. The law seems to con- 
template that the contract shall be made with the teacher, not the 
father. If no agreement is made by the father to lelinquish the minor's 
wages he may maintain an action against the board for them: Mona- 
ghan V. School District, 38 Wis., 100. 

Rules — Expulsion of pupils. Section 439. The board 
may make all rules needful for the government of the school, 
such rules to take effect when a copy of the same, signed by a 
majority of the board, is filed with the clerk- may suspend any 
pupil from school for non-compliance with the rules made by 
themselves or by the teacher with their consent; may expel any 
pupil whenever, upon due examination, they find him guilty 
of persistent refusal or neglect to obey the rules of the school 
and become satisfied that the interests of the school demand 
his expulsion ; and may admit free of tuition any person be- 
tween twenty and thirty years of age residing in the district 
to any school under their control when in their judgment it 
will not interfere with the pupils of school age. 

The board has power to make all needful rules and regulations for 
the organization, gradation and government of the school, and to sus- 
pend any pupil for non-compliance with reasonable rules established by 
it, or by the teacher with its consent. 35 Wis., 59; 45 Wis., 150. But 
in matters of this kind the board will, in the main, be guided by the 
advice of the teacher. While the teacher is subordinate to, and must 
execute the orders of the board, he is responsible for the conduct, dis- 
cipline and progress of his pupils, and should, generally, be allowed to 
decide as to the means and methods of discharging this responsibility. 
Rules adopted, or approved by the board, should be recorded in its min- 
utes. 

While there is no doubt as to the authority of the board to expel a 
pupil for continued insubordination or gross immorality, humanity de- 
mands that all other remedies should te exhausted before resorting to 
this extreme measure. It is the province of the schools to make good 
men and good women from such material as is furnished by the several 
communities. The efficiency of the schools is commensurate with their 
power to incite the love of right things. 

It becomes the duty of a school board to expel a pupil whenever it is 
convinced that his continuance in school will result In its demoraliza- 
tion, or in the contamination of his fellows; but the proof on which 
the conviction rests should be clear. It should be remembered that the 
object of school discipline is to reform and restore. If the board neg- 
lects to make rules for the government of the school, the authority of 
the. teacher to enforce obedience to reasonable requirements is unques- 
tionable. 

The teacher may quell insubordination by corporal punishment or 
by suspension. But these are extreme remedies, and are justifiable only 
where other means fail, or are plainly inadequate. 

4— S. L. 



50 SCHOOL LA.WS OF WISCONSIN. 

Courts have uniformly sustained the authority of school boards to 
make and enforce rules requiring pupils to bring written excuses for 
absence and tardiness un-der penalty of suspension. 

All rules must be reasonable, and capable of enforcement in a reason- 
able manner. If a school board should authorize suspension for absence 
occasioned by a violent storm, by the illness of the child, or by illness 
or death in his family, the rule would be unreasonable and therefore 
illegal. 

Barring schoolhouse doors against tardy children in cold or stormy 
weather would be cruel, and would not be sustained. 

Not unfrequently there is a disposition to question the teacher's right 
to enforce his authority by the infliction of corporal punishment. It 
should be borne in mind that the teacher who contracts to manage a 
public school undertakes to do something more than merely to prescribe 
lessons and hear recitations. He assumes to govern the school, to main- 
tain quiet and order in and about the schoolhouse, and to compel such 
conduct on the part of the pupils as shall best conduce to their own 
welfare and that of the school as a whole. This authority would be 
nugatory if the teacher were not armed with some coercive power. 
Accordingly, the supreme courts of nearly every state in the union have 
held, with singular unanimity, to the determination that the teacher 
has the right, in the execution of his duty, to inflict corporal punish- 
ment. Our own supreme court, in 45 Wis., p. 150, held that, "A teacher 
is responsible for the discipline of his school, and for the progress, con- 
duct and deportment of his pupils. It is his imperative duty to main- 
tain good order and to require of his pupils a faithful performance of 
their duties. If he fails to do so, he is unfit for his position. To en- 
able him to discharge these duties effectually, he must necessarily have 
the power to enforce prompt obedience to his lawful commands. For 
this reason the law gives him power, in proper cases, to inflict corjporal 
punishment upon refractory pupils." The courts have held as uni- 
formly that the teacher was liable for the castigation of his pupils only 
when the punishment was unreasonable, or was inflicted from malicious 
motives. It has also been held that the teacher is the best judge of 
both of the need and the measure of punishment. There are many cir- 
cumstances tending to determine the guilt of the pupil which cannot be 
set up in evidence, — such as the manner of the pupil, his tone of voice 
and general conduct. Still, the infliction of physical pain has little edu- 
cational value, and a wise teacher will seldom resort to this method of 
securing obedience. 

Relating to attendance at school — (Chapter 446, Laws of 
1907, amending sections 439a and 439b, Statutes of 1898, as 
amended by chapter 189, Laws of 1903 and creating three 
new sections.) Section 439a. Any person having under his 
control any child between the ages of seven and fourteen years, 
or any child between the ages of fourteen and sixteen years 
not regularly and lawfully employed in any useful employ- 
ment or service at home or elsewhere, as provided by chapter 
349 of the laws of 1903, shall cause such child to be enrolled in 
and to attend some public, parochial or private school regularly 
(regular attendance for the purpose of this statute shall be an 
attendance of twenty days in each school month, unless the 
child can furnish some legal excuse ),Mn cities of. the first class 
during the full period and hours of the calendar year (reli- 



DISTRICT OFFICERS. 51 

gious holidays excepted) that the public, parochial or private 
school in which such child is enrolled may be in session; in all 
other cities not less than eight school months; and in towns 
and villages not less than six schcol months in each year, and 
all children subject to the provisions of this act shall be en- 
rolled in some public, parochial or private school within one 
school month after the commencement of the school term in the 
district in which such children reside, except that in cities of 
the first class such children shall be enrolled at the time of the 
opening of the. school which they will attend (and the word 
"term," for the purposes of this act, shall be construed to mean 
the entire time that school is maintained during the school 
year) ; provided that this section shall not apply to any child 
not in proper physical or mental condition to attend school, 
who shall present the certificate of a reputable physician in 
general practice to that effect, nor to any child who lives in 
country districts more that two miles by the nearest traveled 
road from the school house in the district where such child re- 
sides; provided that if transportation is furnished by the dis- 
trict this exemption as to distance shall not apply, nor shall 
this section apply to any child who shall have completed the 
course of study for the common schools of this state or the 
first eight grades of work as taught in state graded or other 
graded schools of Wisconsin, and can furnish the proper di- 
ploma, certificate, or credential showing that he has completed 
one of said courses of study, or its equivalent. Instruction 
during the required period elsewhere than at school, by a 
teacher or instructor selected by the person having control of 
such child shall be equivalent to school attendance, provided 
that such instruction received elsewhere than in school be at 
least substantially equivalent to instruction given to children 
of like ages in the public, parochial or private school where 
such children reside. Any person who shall violate the pro- 
visions of this section shall upon conviction thereof, be pun- 
ished by a fine of not less than five dollars nor more than fifty 
dollars, together with costs of prosecution or by imprisonment 
in the county jail not exceeding three months, or by both such 
fine and imprisonment in the discretion of the court, for each 
offense. It shall be the duty of the district attorney and his 
assistants to prosecute in the name of the state all violations 
of the provisions of this section. Any person who shall be 
proceeded against under the provisions of this section may 
prove in defense that he is unable to compel the child under 
his control to attend school or to work, and he shall be there- 



52 sciiooL Laws of wiscoNstN. 

upon discharged from liability, and such child shall be pro- 
ceeded against as incorrigible, or otherwiie, according to law, 
and in case of commitment, if the parents or person having 
control of such child desire it, such child shall be committed 
to a school or associaticn controlled by persons of the same re- 
ligious faith as such child, Avhich is willing and able to re- 
ceive and maintain it without compensation from the public 
treasury. When in any proceedings under this section there 
is any doubt as to the age of any child, a verified baptismal 
certificate or a duly attested birth certificate shall be produced 
and filed in court. In case such certificates cannot be secured, 
upon proof of such fact;, the record of age stated in the first 
school enrollment of such child or first school enrollment to 
be found shall be admissible as evidence* thereof. 

Section 439b. In all cities of the first class the board of ed- 
ucation or any board having similar powers, shall appoint 

* * * ten or more truant officers and in all other cities 
having more than 2,000 population by the last United States or 
state census, such board shall appoint one or more truant offi- 
cers whose duty it shall be to see that the provisions of this 

* * * act are enforced and when of his personal knowl- 
edge, or by report or complaint from any resident of the city, 
or by report or complaint as provided herein, a truant officer 
believes that any child is unlawfully and habitually absent 
from school and not otherwise receiving instruction as pro- 
vided in section 439a as amended, he shall immediately investi- 
gate and render all service in his power, to compel such child 
to attend some public, parochial or private scliool which the 
person having control of the child shall designate, or if over 
14 and under 16 years of age, to attend school or become regu- 
larly employed at home or elsewhere, and upon failure he shall 
serve a written notice, as required in section 4 of this act and 
proceed as hereinafter provided against the person having 
charge of such child. And in all cities having less than 2,000 
population by such census, and in all towns and villages the 
sheriff of the county, his under-sheriff, and deputies shall be 
the truant officers, and it shall be the duty of all truant 
officers named in this section to enforce the provisions of this 
act as provided herein. 

Section 439cb. It shall be the duty of the school clerk of 
every school district, the clerks of boards of education and the 
clerks of sub-districts, or other officers whose duty it is to 
take the school census under the law, at the time of taking the 
school census of their respective districts, cities, or subdis- 



DISTRICT OFFICERS. 53 

tricts, to make out three copies of such census reports, on 
blanks to be furnished by the state superintendent, and send 
one of such copies by mail or otherwise to the proper superin- 
tendent on or before the fifteenth day of July each year and* 
at the time of the opening of school in his district, he shall 
deliver with the register, a copy of such" census report to the 
teacher employed in said district, and if the school consists of 
two or more departments the copy shall be placed in the 
hand? of the principal. In case the district includes within 
its boundaries, territory lying in two or more counties it shall 
be the duty of the clerk of such district to make out separate 
copies of the census reports for each part of said joint district, 
and forward the same to the proper superintendent?; provided 
that in all cities having a population of 2,000 or more the 
clerk of the board of education or other officer, whose duty 
it is to take the school census shall not be required to furnish 
copies of the census returns to the county superintendent, city 
superintendent or teachers. Said clerks of boards of educa- 
tion and other officers who shall have the care and custody of 
the school census returns, shall have their office? open at all 
rea'i'Onable hours, and allow and assist superintendents, teach- 
ers, and truant officers to examine and secure information from 
the school census reports on file in their offices, that may, in 
any way, aid in the enforcement of the provisions of this act. 
All teachers in public schools except teachers in high schools, 
shall at the request of the proper superintendent, while school 
is in session report to him. Said report shall show the name 
of the school and its location, the name and address of the 
teacher, the number of months school is maintained during the 
year, the date of opening and closing of the school, the names 
and ages of all children enrolled in their respective schools 
between the age? of seven and fourteen and fourteen and six- 
teen, the names -and postoffice addresses of the parents or 
other persons having control of such children, the number of 
the district and the nam_e of the town, city, village and county 
in which said children reside, the distance such child or 
children reside from the school house in the district in which 
they live by the nearest traveled road, the number oi days 
each such child was present and the number of days such 
child was absent during each month and such other reports 
requested by him, said reports to be made on blanks to be fur- 
nished by the county, district or state superintendent. It shall 
be the duty of every school clerk, or the clerk of the board of 
ec^ucatipn tp deliyer to the teachers in the public schools ^ 



54 SCHOOL LAWS OP WISCONSIN. 

sufficient number of blanks as described above, to supply said 
teachers for one school year ; provided that when there • shall 
be enrolled and in attendance at parochial or private schools, 
children residing in a county or counties other than the one 
in which the school house is located, the teachers in such paro- 
chial or private schools may make the reports hereinbefore 
described to the county, district or city superintendent of the 
county, or the city in which the children between the ages of 
seven and fourteen and fourteen and sixteen so attending, 
reside ; provided further that in districts that include within 
their boundaries territory lying in two or more counties, or 
districts joint with cities having separate superintendents, it 
shall be the duty of the public school teachers in SLieh joint 
districts to make separate reports as provided herein to the 
county, district or city superintendent of the county or city 
in which the children between the ages of seven and fourteen 
and fourteen and sixteen so attending reside ; and providea 
that the teachers in cities of 2,000 population or more shall not be 
required to make the report provided herein, except when called 
upon to do so by the proper county or city superintendent. All 
teachers of private and parochial schools shall keep a record em- 
bodying all the data enumerated in this section, and such 
record shall be open to the inspection of all truant officers 
specified in this act, at any and all reasonable times ; and .pro- 
vided that when called upon by any truant officer, or superin- 
tendent, the teachers in private or parochial schools may fur- 
nish in writing on blanks furnished by the truant officer or 
superintendent the above mentioned data in regard to any 
child or children between the ages of seven and fourteen and 
fourteen and sixteen who claim, or who are claimed to be in 
attendance upon said school; and every teacher in a public 
school shall, and every teacher in a private or parochial schooi 
may promptly notify the proper truant officer of any child 
whose attendance is habitually irregular; provided such ir- 
regularity is not excused by any provision of this act. Any 
officer or teacher in a public school who shall fail or neglect to 
ma-ke the reports required by this section as required, or any 
teacher in a private or parochial school who shall fail to keep 
a record as required in this section shall be subject to a for- 
feiture of not less than five nor more than twenty-five dollars 
for each such failure or neglect, said forfeiture to be sued for 
by any voter of the district where such officer resides, or 
where such teacher is employed, and recovered in the same 
manner other forfeitures are sued for and recovered under the 



DISTRICT OFFICERS. 55 

Wisconsin statutes; one-half of the amount of the forfeiture 
to be paid to the voter bringing the action and the other half 
to be paid into the school district treasury of the district 
where such offender resides. 

Section 439cc. It shall be the duty of the county, district 
and city superintendents upon receiving the reports and in- 
formation as provided in the preceding sections, to compare 
carefully the reports of attendance and enrollment with the 
reports of the last school census on file in his office and as- 
certain therefrom the names of all children w-ho are not com- 
plying with the provisions of this law. and it shall be the duty 
of such superintendents to report the names of such children 
together with the names and addresses of the parents or those 
having control of such children to the proper truant officer of 
the county, district or city. The truant officer shall imme- 
diately upcn receipt of such report, or when he obtains in- 
formation of delinquencies, notify by registered mail, or by 
service of notice in the same manner as provided for the 
service of suimnons in a civil case in a justice court, the par- 
ent or the person having control of such child or children, 
cause such child or children to be sent to some public, paro- 
chial, or private school within five days from the date notice 
is deposited,, properly addressed in the post office, if notice 
is served by registered mail, or five days from the date 
of the personal service of said notice. The notice shall inform 
the parent or othei- person in parental relation that the law 
requires that all children between the ages of seven and four- 
teen and between the ages of fourteen and sixteen if not regu- 
larly employed as provided by chapter 349, laws of 1903, art 
to be in regular attendance at some school as provided in 
section 439a. It shall be the duty of all truant officers, after 
having given the notice hereinbefore described, to determine 
whether the parent or other person in parental relation has 
complied with the notice, and in case of failure to so comply 
he shall immediately and within three days after having 
knowledge of or having been notified thereof, make complaint 
against said parent or persons in parental relation having the 
legal charge -and control of such child or children, before any 
justice of the peace in the county, where such party resides; 
provided that in counties where the criminal jurisdiction of 
the justice of the peace has been abolished the court or courts 
now having such power, shall have jurisdiction in cases brought 
under the provisions of this act; for such refusal or neglect 
to send such child or children to some school as provided 



56 SCHOOL LAW'S OF WISCONSIN. 

herein; and said justice of the peace or other court shall issue 
a warrant on said complaint and shall proceed to hear and 
determine the same, in the same manner as provided by stat- 
ute for other criminal case^ under his jurisdiction. All tru- 
ant officers or other officers having the power of truant officers 
^hall have the power to apprehend without warrant, any 
child or children found violating the provisions of this act, 
and cause such child or children to be placed in some public, 
parochial or private school. Jt shall be the duty of all school 
officers, superintendents, teachers or other persons to render 
such assistance and furnish such information as they may 
have at their command, to aid truant officers in the perform- 
ance of their duties. 

Section 439cd. Truant officers in cities of 2,000 population 
or more shall receive such compensation as shall be fixed by 
the boards of education of such cities or boards having similar 
powers. When the sheriff, under-sheriff, and his deputies are 
acting as truant officers as provided herein, they shall be paid 
the same fees as provided for such officers in criminal actions 
brought under the laws of this state, and in counties where 
the sheriff and deputies are paid an annual salary no extra 
compensation shall be allowed. 

By this chapter children between seven and fourteen years of age who 
are not incapacitated for attending some public, parochial or private 
school are required to attend some such school for at least eight 
months — 32 weeks — if they reside in cities, a'ld for six months — 24 
weeks — if they reside in village or country districts. It appears that 
the legislature saw fit to add one month to the compulsory attendance 
period in the latter instance, owing to the fact that the minimum yearly 
term during which school may now he maintained is eight months. 
The chapter provides for appointment of truant officers in cities of two 
thousand or more population. In towns and villases the duty of en- 
forcing the law is placed upon the sheriff of the county and his deputies. 
It appears that this law is not only educational in its nrovisions butis 
also largely for the purpose of re-enforcing and strengthening the child 
labor laws of the state and making the latter more easily enforceable 
bv the factory inspectors and other officers emnlovf d under the direction 
of the state bureau of labor and statistics and while the factory inspec- 
tors are not specifically referred to in this chanter as they were in the 
former law as officers whose duty it was to enforce the truant law and 
the compulsory attendance law, nevertheless such inspectors are still 
state truant officers and their authority to act under this statute and 
compel compliance therewith has not been affected by this enactment. 

Ohild Labor Law — (Chapter 838, Laws of 1909 amending 
chapter 274, Laws of 1899 as amended by chapter 182, Laws 
of 1901, chapter 349, Laws of 1903 and chapter 523, Laws of 
1907.) Section 1728a. 1. No child between the ages of four- 
tee^ ^p^ sixteen yea,rs sh^ll be employed at an^ time in ai^y 



DlgtRtCl^ Oi^FICERg. 57 

factory or workshop, bowling alley, or in or about any mine, 
store, hotel, mercantile establishment, laundry, telegraph, tele- 
phone or public messenger service, or at any gainful occupa- 
tion, directly or indirectly, unless there is first obtained from 
the commissioner of labor, state factory inspector, any assistant 
factory inspector, or from the judge of the county court or 
municipal court or from the judge of a juvenile court where 
such child resides, a written permit upon a written and signed 
recommendation of the school principal where such child at- 
tended school, or where there is no such principal, then by the 
clerk of the board of education in the district where the child 
resides, authorizing the employment of such child within such 
time or times as the said commissioner of labor, state factory 
inspector, any assistant factory inspector, county judge, mu- 
nicipal judge, or judge of a juvenile court * * * may fis., 
providing that no officer herein mentioned shall have power 
to delegate the duty of granting permits to any subordinate 
officer or other person and provided further that such per- 
mit shall not be granted to any child who is unable" to read and 
write simple sentences in the English language or the language 
of his native country. 

2. No child under the age of sixteen years shall be employed 
in adjusting any belt or in oiling cr assisting in oiling, wip- 
ing or cleaning any machinery when the same is in motion 
or in operating or assisting in operating any circular or band 
saw, wocd-shaper, wood-jointer, planer, sandpaper, or wood- 
polishing machine, picker, machine or machines used in pick- 
ing wool, cotton, hair or any upholstering material, paper- 
lacing machine, leather burnishing machine, dough-brakes or 
cracker machinery, of any description, laundry machinery, 
emery or polishing wheel for polishing metal or wood turning 
machine or stamping machinte in sheet metal and tinware 
manufacturing, stamping machine in washer and nut factories, 
stamping machine in lace, paper and leather manufacturing, 
corrugating rolh in roofing factories, burnishing machines in 
any tannery or leather manufactory, wire or iron straighten- 
ing machinery, rolling mill machinery, puncher.5 or shears or 
\^^shing, grinding or mixing mill or calender rolls in rubber 
manufacturing, nor shall any such child be employed at or as- 
sist in sewing belts in any capacity, or in the manufacture of 
paints, colors or white lead, or in the manufacture of any com- 
position in which dangerous or poisonous acids are used, or 
in the manufacture of any goods for immoral purposes nor 
any tobacco warehouse, cigar or other factory where tobacco 



58 SCHOOL LAWS OF WISCONSIN. 

is manufactured or prepared or in any place where intoxicating 
liquors are made, given away or sold;, or in any theater or con- 
cert hall, or in operating any passenger or freight elevator, 
steam boiler or steam generating apparatus, or in any other 
employment dangerous to life or limb, injurious to the health 
or depraving of the morals of such child; nor shall any female 
child under sixteen years of age be employed in any capacity 
where such employment compels her to remain standing con- 
stantly. 

,3. No child under the age of fourteen years shall be em- 
ployed in any factory, workshop, bowling alley or in or about 
any mine. 

4. No child under the age of fourteen years , shall be em- 
ployed, required or suffered to work for wages at any gainful 
occupation at any time except that during the vacation of the 
public or other school in the town, district or city where any 
child between the ages of twelve and fourteen years resides, 
it may be employed in any store, office, hotel, mercantile es- 
tablishment, telegraph, telephone or public messenger servicb 
in the town district or city where it resides and not elsewhere, 
provided that there is first obtained from the commissioner of 
labor, state factory inspector, any assistant factory inspectoi, 
county judge, municipal judge or from the judge of a juven- 
ile court * * * Avhere such child resides, a written per- 
mit authorizing the employment of such child during the regu- 
lar school vacation only, but no such child shall be prohibited 
by this act from being employed at farming" * * *. 

5. The said commissioner of labor, state factory inspector, 
any assistant factory inspector, county judge, municipal judge 
or judge of a juvenile ■ court * * * shall keep a record, 
stating the name, date and place of birth and place of school 
attended by any such child, and the county judge, municipal 
judge or * * * judge of a juvenile court * * * shall 
report when so requested by the commissioner of labor or state 
factory inspector, the number of permits issued by him from 
time to time as hereinbefore provided. 

6. When the commissioner of labor, state factory inspector, 
any assistant factory inspector, county judge municipal judge 
or judge of a juvenile court * * * has reason to doubt 
the age of any child who applies for such permit, the commis- 
sioner of labor, state factory inspector, any assistant factory 
inspector, county judge,, municipal judge or judge of a juve- 
nile court * * * shall demand proof of such child's age, 
by the production of a verified baptismal certificate or a duly 



DISTRICT OFFICERS. 59 

attested birth certificate, or in case such certificates cannot be 
secured, by the record of age stated in the first school of enroll- 
ment of such child, and if such proof does not exist or cannot 
be secured then by the production of such other proof as may 
be satisfactory to said commissioner of labor, state factory 
inspector, any assistant factoiy inspector, county judge, munic- 
ipal judge or judge of a juvenile court * '* * and no per- 
mit shall be issued unless proof of such child's age is filed with 
the said commissioner of labor, state factory inspector, county 
judge, municipal judge or judge of a juvenile court * * * 
Whenever it appears that a permit has been obtained by a 
v^^rong or false statement as to any child's age, the commis- 
sioner, state factory inspector, any assistant factory inspec- 
tor, county judge, municipal judge or judge of a juvenile 
court * * * of the county where such child resides shall 
revoke such permit. 

Section 1728a— 1. No child under fourteen years of age 
shall be employed, required, suffered or permitted to play on 
any musical instrument, or to sing or perform in a circus, the- 
atrical exhibition or in any public place * * * except 
upon the special permission of the commissioner of labor, state 
factory inspector * * * an assistant factory inspector, 
county judge, municipal judge or * * * the judge of a juve- 
nile court where the child resides, if such child is a resident of 
this state, and by a county judge, municipal judge or judge 
of a juvenile court of this state if such child is not a resident 
of the state. * "^ ^ But the provisions of this section shall 
not prevent the education of children in * * * music or 
their employment as musicians in a church, chapel, school or 
school exhibitions or prevent their taking part in any festival, 
concert or musical exhibition. 

Section 1728b. 1. It shall be the duty of every person, firm 
or corporation, agent or manager of any firm or corporation 
employing minors in any mine, factory or workshop, bowling 
alley, store, office, hotel, mercantile establishment, laundry, 
telegraph, telephone or public messenger service within this 
state to keep a register in the place where such a minor is 
employed and subject at all times to the inspection of any 
factory inspector, or assistant factory inspector, or truant of- 
ficer, in which register shall be recorded the name, age, date of 
birth and place of residence, of every child employed, permit- 
ted or suffered to work therein, under the age of sixteen years. 

2. It shall be unlawful for any person, firm or corporation, 
agent or manager of any firm or corporation to hire or employ, 



60 SCHOOL LAWS OF WtSCONSiN. 

permit or suffer to work in any mine, mercantile establishment, 
factory or workshop, bowling alley, store, office, hotel, laun- 
dry, telegraph, telephone or public messenger service, any 
child under sixteen year,^ of age unless there is first provided 
and placed on file in such mine, mercantile establishment, fac- 
tory or workshop, bowling alley, store, office, hotel, laundry, 
telegraph, telephone or public messenger service, a permit 
granted by either the commissioner of labor, state factory in- 
spector, any assistant factory inspector, county judge, munici- 
pal judge or judge of a juvenile court * * * of the county 
where such child resides. 

Section 1728c. No child under the age of sixteen years shall 
be employed, required, permitted or suffered to work for 
wages at any gainful occupation longer than fifty-five hours 
in any one week nor more than ten hours in any one day, 
nor more than six days in one week, nor after the hour of 
six at night nor before the hour of seven in the morning, 

* * * provided, that this section shall not apply to children 

* * * between the ages of twelve and sixteen years carry- 
ing newspapers between the hours of three thirty o'clock and 
seven o'clock in the afternoon and to children between the ages 
of fourteen and sixteen years carrying newspapers between the 
hours of four thirty o'clock an seven o'clock in the morning, 
and who comply with all the legal requirements concerning 
school attendance, and provided * * * that this section 
shall not apply to children between the ages of fourteen and 
sixteen working in any store, between the hours of seven in 
the morning and nine in tlie afternoon, but no such child shall be 
employed in any store for a longer period than ten hours in 
any one day, nor more than six days in any one week, or a 
total of fifty-five hours during each week. 

Section 1728d. It shall be the duty of the commissioner of 
labor, the factory inspector or any assistant factory inspectors 
to enforce all the provisions of the statutes regulating or rela- 
tive to child labor, * * * and to prosecute violations of 
the same before any court of competent jurisdiction in this 
state. It shall be the duty of the said commissioner of labor, 
or the factory inspector or assistant factory inspectors, oi 
truant officers, and they are hereby authorized and empowered 
to visit and inspect, at all reasonable times, and as often as pos- 
sible, all places covered by this act. The faetory inspector 
and assistant inspectors shall have the power of truant officers 
to enforce all legal requirements relating to_ school attendance. 



DISTRICT OFFICERS. 61 

Section 1728e. The commissioner of labor, the factory in- 
spector or assistant factory inspectors may refuse to grant 
permits in the case of children who may seem physically un- 
able to perform the labor at which they may be employed. 

Section 1728f. No person, firm or corporation shall employ 
or permit any child under sixteen years of age to have the 
care, custody, management or operation of any elevator. 

Section 1728g. The words ''manufacturing establishment." 
"factory" or "workshop" as used in this act, shall be con- 
strued to mean any place where goods or products are manu- 
factured or repaired, dyed, cleaned, or assorted, stored or 
packed, in whole or in part, for sale or for wages. 

# * * 

Section 1728h. 1. Any person, firm or corporation, agent 
or manager of any corporation who, whether for himself or for 
such firm or corporation or by himself or through agents, serv- 
ants, or foremen, shall violate or fail to comply with any of 
the provisions of this act, or shall hinder or delay the commis- 
sioner of labor, the factory inspector or assistant factory in- 
spectors or truant offioers, or any or either of them in the per- 
formance of their duty, or refuse to admit or shut or lock them 
out from any place required to be inspected by this act, shall 
be deemed guilty of a misdemeanor, and upon conviction 
thereof shall be fined not less than twenty-five dollars nor more 
than one hundred dollars for each offense, or by imprisonment 
in the county jail not longer than thirty days. 

2. Any corporation which, by its agents, officers or servants, 
shall violate or fail to comply with any of the * * * pro- 
visions of this act shall be liable to the above penalties, which 
miay be recovered against such corporations in action fol* 
debt or assumpsit brought before any court of competent 
jurisdiction. 

Section 17281. Any parent or guardian, who suffers or per- 
mits a child to be employed, at any gainful occupation directly 
or indirectly, or suffered or permitted to Avork in violation of 
this act, shall be guilty of a misdemeanor, and upon convic- 
tion thereof shall be fined not less than five nor more than 
twenty-five dollars, or by imprisonment in the county jail not 
longer than thirty days. 

While this act does not relate specifically to schools and school work, 
its relationship to the control and management of children of school age 
throughout the state makes it an all important law, the provisions of 
which should be known to all citizens. 



62 SCHOOL LAWS OP WISCONSIN. 



TEXT-BOOKS. 

Choice and cliang"e of text-books. Section 440 (as 
amended by Chapter 443, Laws of 1905). The board shall 
determine what text- books shall be used in the school, make a 
list of snch books, file a copy thereof with the clerk and keep 
a copy of snch list posted in the school house. When text 
books shall have been so adopted they shall not be changed 
for the period of three years. 

The above chapter places the power to change text books in the hands 
of the district boards. This power can be exercised at a regular board 
meeting only. See section 432. Changes can be made no more fre- 
quently than once in three years. For penalty see sections 440&, 4549 
and 4.550. The free text book system can only be adopted by the elect- 
ors at the annual meeting. After adoption no change of books can be 
made for three years. 

Experience has very clearly shown that the plan of furnishing text- 
books free to pupils in districts and cities is more satisfactory and much 
less expensive to the district or city as a whole than any other plan po 
far devised and provided for by law. It enables school boards to furnish 
each pupil in the district with necessary and suitable books of the best 
kind at once upon puterin^r school and at a cost to the district of from 
one-thirrl to on^-half of what is usually paid out bv parents during the 
school life of their children. It is found in manv cases that the first 
cost of introducing the free text-book system is the greatest objection 
to the plan. 

This may be overcome by the gradual introduction of the system. 
For instance, if the electors of the school district should at the annual 
meeting vote to adnnt freo text-books, and the directions to the district 
board were to furnish readers, laneuaa-e books, and grammars only for 
the coming vear, the expense would be siia:ht. Next year the electors 
rtTieht extpnd the svstem b"'" authorizina: the board to procure sieogra- 
phies. spellers, a^""! aT-ithmetics and other needed books might be pro- 
vided for later. The books are handled under this svstem by the school 
district board, and the^^ are niaced directlv in the charge of the district 
clerk when the school is not in session. It is his dutv to see that they 
are Placed in the schonlhous" at the beslnninar of each term and he 
should keep in connection ^nfh the other district record reauired bv 
law, a cornplete rerord of all books purchased bv the board furnished 
to the teacher by him. and received from the teacher at the close of the 
vear or pach tevpi. The tearher should take chara;e of issuing the 
books to the nupils. and should keep a record of all books so issued, a 
record of their return by the pupils, and make some note as to the con- 
dition of the books when received. If properly cared for. the books 
should be serviceable for from five to six years, and after the first adop- 
tion the district will only be under the necessity of making provision 
to supply books that have been worn out or lost. If books are care^esslv 
handled or destroyed bv the pupils, the pupils or their parents should 
be held to account for the amount of the loss. 

Same in cities. Section 440a. The board of education 
in any city shall determine what text-books shall be used in 
its schools, make a list of such books, file a copy with their clerk 



TEXT-BOOKS. 63 

or sccfetaiy and keep a copy posted iii eacli school building-. 
AVlien text-books shall have been so adopted, except in a city 
which furnishes free text-books to the pupils in its public 
schools, they shall not be changed for three years. In any city 
where the district system is not in force the board of education 
may. under the limitations of this section, order changes in 
text-books as aforesaid. Such changes, except as to free text- 
books as aforesaid, shall be approved by the city council; and 
the board of education may purchase text-books for use in its 
schools, and loan or furnish them, to pupils under such condi- 
tions or regulations as they may prescribe. But no text-books 
which would have a tendency to inculcate sectarian ideas shall 
be used in any public school. 

Penalty, Section 440&. - Every member of the district 
b'oard or of a board of education, when a list of text-ljooks has 
l>een adopted according to law. who shall, within three years 
from the date of such adoption, order a change of text-books 
in his district or city shall forfeit the sum of fifty dollars. 

It is always safe to presume, when there is considerable uniformity 
of books in use, that a list has been adopted at some time, although no 
list can be found In the file of the clerk, or posted in the school room. 

In regard to a meeting of the board, the only safe plan is to call and 
hold a meeting as provided in section 432, before acting upon any im- 
portant matter like that of changing or adopting text-books, hiring 
teachers, etc.. etc.. and the attention of school officers is particularly 
called to the fact that the electors at a school meeting have no authority 
to change text-books; also that there is no authority for making con- 
tracts with publishing houses for a speciiied time. 

In making a choice of text-books boards will do well to call to their 
aid the teacher and those best acquainted with the actual needs of the 
school. Such persons will be the best judges of the adaptation of the 
books to the needs of the school. 

Board to visit school. Section 441. The board shall visit 
the school, examine into its condition, advise with the teacher 
in regard to the instruction, g:overnment and progress of the 
pupils, and exercise such general supervision as may be neces- 
sary to carry out the provisions of this chapter. 

Insurance. Section 441(2. Any district board or board 
of education may insure the school property, and, if neces- 
sary, execute a note for the premiums. 



See Chapter 373, page 275 of this code. 



64 SCHOOL LAWS OF WISCONSIN. 



SCHOOL OFFICERS— SPECIAL DUTIES. 

DIRECTOR. 

His duties. Section 442. It shall be the duty of the di- 
rector of each district 

1. To countersign all orders legally drawn by the clerk upon 
the treasurer of the district. 

2. To appear for and on behalf of the district in all actions 
brought by and against it. when no other direction shall have 
been lawfully given at a district meeting. 

3. To cause an action to be prosecuted in the name of the 
district on the treasurer's bond in case of any breach of any 
condition thereof, and to apply all money when collected to 
the use of the district as the same should have been applied by 
the treasurer. 

The words "legally drawn," in the first clause of this section, make 
it the duty of the director to ascertain that orders on the district treas- 
ury have been drawn in accordance with law, before affixing his signa- 
ture thereto. 

By the provisions of subdivision 17, of section 430, the district has 
power, at any meeting duly called, to give such direction and malce such 
provision, as may be deemed necessary in relation to the prosecution 
or defense of any action or proceeding in whicli the district may be a 
party or interested; and unless some other person is designated to per- 
form the duty, the director is required to bring suit and carry out the 
will of the meeting. 

In case of a breach of the treasurer's bond it is the duty of the di- 
rector to commence proceedings to protect the interests of the district 
a,t once, without waiting for the action of a district meeting. He may 
also bring suit for an injury to a schoolhouse without direction from 
the electors. 21 Wis., 6.57. 

If an action is commenced against the district, the director must 
appear in behalf of the district, without waiting for authority from a 
■district meeting. The district may, liowever, designate some other per- 
son to act as its representative in tlie defense. 



TREASURER. 

Bond. Section 443. The treasurer shall,' within ten days 
after his election or appointment, execute to the district and 
file with the clerk a "bond, in double the amount, as nearly as 
can be ascertained, of all the money of the district to come 
into his hands, wnth sufficient sureties conditioned for the 
faithful discharge of his duty and approved by the director 
and clerk. He shall hold office until his successor be elected 
or appointed and qualified as herein provided. Whenever the 
director and clerk shall deem the bond of the treasurer insuffi- 



SCHOOL OFFICERS— SPECIAL DUriES. 65 

cieiit they shall demand an additional bond in snch sum as 
they shall fix, ccnditioned, approved and filed in the manner 
aforesaid, within ten days after such demand. The neglect 
or refusal to file such bond in either case shall vacate the office. 
Neither the director, clerk nor teaclier t^hall hold the office of 
treasurer in his own district. 

See Forms Nos. 22 and 23. 

School district treasurers tiold their offices until their successors are 
elected or apiJoinf:ed, and qualified by filing the required bond. 

A neglect to file the boni completed and approved, within ten days, 
as the law directs, vacates the office. Filing it with the approval oi: 
one member of the board only, is of no effect. It is obviously improper 
for either the director or the clerk to become surety for the treasurer. 

The power granted the clerk and director by this section to require 
an additional bond, when deemed necessary, should be exercised when- 
ever the interests of the district demand it. No good citizen will re- 
gard the exercise of this power as an imputation upon his character. 
Whenever the surety on the bond is not such as the lav/ requires, it is 
obviously the duty of the treasurer to furnish additional security, and 
it must be done within ten days, just as in the original filing of the 
bond. 

When the office is vacated from either of the causes named, the board 
will appoint a treasurer, who will be subject to the same conditions and 
possess the same powers as if elected to the office. 

By this section the treasurer is required to file a bond with securities 
that are sufficient in the judgment of the director and clerk, but these 
officers are to be guided in this matter by a sound discretion, and not 
by caprice. They may require the affidavit of bondsmen, certifying 
that they are worth the amount for which the bond renders them re- 
sponsible, in their own right; but they may not use the discretion with 
which the law vests them to defeat the will of the district. 

Failure of a treasurer to pay over money in his hands "on his removal 
from office is a breach of his bond, and no demand is necessary to fix 
the liability of his sureties. 27 Wis., .505. 

The district has no power to release a treasurer from liability for 
money lost or misapplied by him. 10 Neb., 293. 

If a district treasurer pays out any money of the district except upon 
an order therefor, properly drawn by the clerk and countersigned lay 
the director, he may be held responsible to the district for the sum so 
, paid. 98 Wis., page 22. 

Treasurer's duties. Section 444. The treasurer shall 
apply for and receive from the town treasurer all money 
apportioned to or collected for the district and pay money on 
the order of the clerk countersigned by the director, and not 
otherwise. He sliall keep a book in which he shall enter all 
the money received and disbursed by him, specifying particu- 
larly the sources from which the same has been received, the 
per.?ons to whom and the object for which the same has been 
paid, and shall afford the clerk access thereto when desired 
to enable him to make his annual report. He shall present 
to the annual meeting a report in writing, containing a state^ 

5— S. L, 



66 SCHOOL LAWS OF WISCONSIN. 

ment of all inoiieys received by liim during the preceding year 
and of each item of disbursement made by him and exhibit 
the voucher therefor. At the close of his term of office he 
shall settle with the board and deliver to his successor said 
books, all vouchers, orders, papers and money coming into and 
remaining in his hands as treasurer. 

While this section requires tlae treasurer "to pay all money received 
by him on the order of the clerk, countersigned by the director," it 
should be borne in mind that he is a member of ths district board and 
is bound by the general law prohibiting these officers from paying 
orders for money that has not been appropriated according to law. See 
section 446. He is not bound to pay an order to satisfy an appropria- 
tion (made by the board) about which he was not consulted. 59 Wis., 
518. 

An order, althought properly drawn, does not relieve a treasurer of 
his responsibilities as a district officer. It is his business to see that 
the money of the district is disbursed according to law. 

The district treasurer can ascertain the amount of money to which 
his district is entitled, by examining the certificate of apportionment on 
file in the town treasurer's office, which that officer receives from the 
town clerk. The district treasurer should pay all legal orders in the 
order of presentation, when no special direction appears upon the or- 
der to the contrary. 

The law now requires the treasurer to give the clerk access to his 
books in making his report. 

It is a duty which the treasurer owes to himself, as well as to his 
district, to keen an accurate record of his accounts, so as to be able 
to present a clear and satisfactory statement of the transactions of the 
year. The account required to be kept by him, may be a simple cash 
account, in which the treasurer personally, and in his individual name 
is charged with all school moneys received by him, and credited with 
each payment, specifying the date. th=! person to whom and the account 
on which it was made. It is convenient and will conduce to accuracy 
to number each credit consecutively, and to affix the same number to 
the order to be produced in proof of payment, and in support of such 
payment. This account should be kept in a book well bound, and a 
transcript of such account should be made, and with the proper vouch- 
ers, presented to the annual meeting. This transcript should be exam- 
ined by a committee appointed by the meeting, and should be endorsed 
by said committee as having been examined and found correct, if the 
committee find it regular in all respects. When at the close of his 
term of office he settles with the district board, as required by law, the 
board should enter, upon the original account in the blank-book, its cer- 
tificate that it has examined such account up to and including the last 
preceding entry (giving its date), and the vouchers therefor, and that it 
finds the same correct. 

It is deemed proper to refer here to the present law in regard to em- 
bezzlement. Refusal of an officer or other person, made the custodian 
of money, to pay over the same on lawful demand, is declared to be em- 
bezzlement, and is punishable bv imprisonment or fine. And if any 
person so demanding money and refused the same neglects to make 
complaint against such officer, he is also punishable by imprisonment, 
or fine. Sections 4418 to 4421 of the Wisconsin statutes relate to this 
matter. It will be seen by section 963, that whenever any judgment 
has been rendered against the treasurer for any breach ot the condi- 
tions of his bond the governor may declare the office vacant. The va* 
cancy will be filled a§ other vacancies In the district board are filled. 



SCHOOL OFFICERS— SPECIAL DUTIES. 67 

It is also deemed proper to refer here to the provisions of law relating 
to proceedings to compel the delivery of books and papers of public 
officers to their successors, contained in chapter XLIII, Wisconsin stat- 
utes, and embracing sections 977 — 983 inclusive. Severe penalties and 
summary proceedings are therein provided for failure to thus deliver 
books and papers to successors. 

Prosecution of town treasurer. Section 445. The treas- 
urer shall prosecute the to\^al treasurer of the town in which 
the district or any part thereof is situated for the recovery 
of any money belonging to the district which the town treas- 
urer refuses or neglects for the space of ten days from the time 
fixed by law therefor to pay over to him. 

The treasurer should bring the action before a justice of the peace, 
if the amount withheld does not exceed $200; otherwise, in the circuit 
court. 



CLERK. 

His duties. Section 446. It shall be the duty of the clerk: 

1. To report the name and postoffiee address of each officer 
of his district to the town clerk and to the town treasurer, or 
if a joint district to the clerk and treasurer of each town in 
which his district is situated, within ten days after the election 
or appointment of such officer. 

2. To act as clerk and record the proceedings of the district 
meetings. 

3. To enter in the record book provided by the board the 
minutes of its meetings, orders, resolutions and other proceed- 
ings. 

4. To enter in said record book copies of all his reports to 
the town clerk and the certificate of the proceedings of a meet- 
ing returned by a temporary clerk as provided in section 430. 

5. To draw orders on the treasurer for money apportioned 
to or raised by the district to pay, according to the contract 
made by the board, the wages of any qualified teacher for 
teaching the district school, and to make any other payment 
voted at a meeting pursuant to section 430. (See Form No. 24.) 

6. To make a record in some suitable book of all orders 
drawn on the treasurer. 

7. To furnish at the expense of the district for the use of 
each teacher a school register in the form perscribed by the 
state superintendent, to procure the same to be returned to him 
at the expiration of the teacher's" employment and to preserve 
the same with the records and papers of the district. 



G8 SCHOOL LAWS OF WISCONSIN. 

8. To notify any person of his election or appointment to 
a district office within five days thereafter, to furnish any 
teacher a copy of the contract made with him by the board and 
to perform any other duties imposed upon him by law. 

The importance of full and accurate records cannot be too strongly 
emphasized. The record book of the district should contain a full his- 
tory of its school affairs. Dates, names, resolutions, votes, etc., should 
be given with such exactness that no trouble can arise which a reference 
to its pages will not help to settle. Financial statements and reports 
should be spread out on the record book. Documents that are merely 
filed are soon lost. 

The clerk cannot properly refuse to record the proceedings of a meet- 
ing that he was opposed to calling. And although he may think the 
proceedings illegal,- it is his duty, nevertheless, faithfully to record 
them. If illegal, they may be set aside by competent authority, on ap- 
peal; and the record of the clerk is of importance in deciding the ques- 
tion. 

As the board has no authority to contract with a teacher who does 
not hold a legal certificate of qualification, so also any use of public 
funds, from whatever source received, for the payment of teachers not 
legally qualified, is a palpable violation of law. It is the duty of the 
clerk to see and know that the person employed is legally qualified and 
entitled to teach, before any order for payment is drawn. It is no less 
the duty of the director to refuse to countersign, and of the treasurer to 
refuse to pay, orders drawn in violation of law; and these officers are 
bound to know that orders are legal before they recognize them as valid. 

Orders in favor of teachers. Section 446a. No order 
.shall be drawn, countersigned or paid which is in favor of any 
person who has taught school in said district Avhen-not holding 
a- certificate of qualification therefor as provided by law, noi 
for the payment of which the money has not been appropriated 
according to law, and no order shall be drawn for any money 
received from the school fund income for any other purpose 
than payment of teachers' wages. 



WHAT SHALL BE TAUGHT. 

Branches taught — Kindergartens. Section 447. (Cha|» 
ter 200, Laws of 1907, amending section 447, statutes of 1898, 
as amended by chapter 158, laws of 1905.) Orthography, or- 
thoepy, reading, writing, grammar, geography, arithmetic, ele- 
ments of agriculture, history of the United States, the consti- 
tution of the United States, the constitution of this state, and 
such other branches as the board may determine, shall bt 
taught in every district school. All instruction shall be in 
the English language, except that the district board or the 



What shall Be taught. 69 

board of education may, in their discretion, cause any foreign 
language to be taught by. a competent teacher to such pupils 
as desire it, not to exceed one hour per day or the equivalent 
thereof, such instruction shall be given during such period or 
periods of the school year as the district board or board ot 
education may determine ; provided that the usual instruction 
in the regular common school branches shall at all times be 
offered and given in English to any pupil or pupils desiring, 
such instruction. And provided further that every pupil shall 
devote at least one-half of the school day to the study of Eng- 
lish branches. District boards, town boards of school directors 
and boards of education may provide for kindergartens, for 
instruction and training of primary grades, separate depart- 
ments or otherwise. 

Part of this chapter, while general in its scope, will undoubtedly be 
exceedingly limited in its application. The provisions do not appear to 
need any comment. 

The topics recited in this section constitute the foundation of an 
education. The legislature evidently regarded them as of prime im- 
portance, and provided that they must be taught. 

Whenever, by the introduction of other branches into the public 
schools these are excluded, or are taught less efficiently, the plain pro- 
vision of the section is violated. Every school should be so conducted 
as to secure daily instruction in reading, writing and spelling, and 
written exercises should be required of persons of suitable advance- 
ment in every branch taught in the schools. 

The law contemplates instruction, discipline and government of such 
character as to prepare the young to discharge their duties as citizens 
of a country in which the English language is used by the courts, the 
legislature and the people. To carry out this provision of the law, 
section 449 provides; "No person shall receive any certificate who does 
not write and speak the English language with facility and correctness." 

Acquaintance with another language may aid in the instruction of 
children of foreign birth, or parentage, and this section allows one hour 
a day to be given to instruction in a foreign language, but the purpose 
of the provision is to limit, not to encourage the study of a foreign 
language in a common public school. 

The parent has the right to make a reasonable selection from the pre- 
scribed studies for his child to pursue; and a teacher is not authorized 
to inflict corporal punishment for the purpose of compelling the child 
to pursue the study forbidden by the parent. Morrow v. Wood, 35 
Wis., 59. 



Physiology and hygiene. Section 447a. Provision shall 
he made by the proper local school authorities for instructing 
all pupils, in all schools supported by public money or under 
state control, in physiology and hygiene with special reference 
to the effects of stimulants and narcotics upon the human 
system. The text-books used in giving such instruction shall 



70 SCHOOL LrAWS OF WISCONSIN. 

have the joint approval of the state superintendent and the 
state board of health. 

This section contemplates instruction in physiology and hygiene with 
special reference to the effects of stimulants and narcotics on the human 
system, for all pupils sufficiently advanced in age and scholarship. 
Under the guidance of an approved book, oral instruction in this topic 
may be given to pupils that are too immature to be benefited by the use 
of a text-book. 

The effectiveness of the work in this branch, so far as its oral presen- 
tation is concerned, will depend on the simplicity of the instruction, 
and the good judgment of the teacher in avoiding abstruse and offen- 
sive statements In all instruction given under this law the subject of 
anatomy should be considered as taking a secondary place. 



Certificates and examinations. 71 



III.-^ CERTIFICATES AND EXAMINATIONS. 



TEACHERS. 



Certificates. Section 448. If any person desires to teach 
in any of the common schools he shall procure a certificate 
from the proper examining officer, and no certificate shall 
have force except in the district of the officer by whom issued. 

Grades of; who not to have. Section 449. There shall 
be three grades of teachers' certificates, to be known as first, 
second and third. Each certificate shall show the branches in 
which the holder has been examined and his relative attain- 
ments in each branch. No person known to the examining 
officer to be of immoral character, deficient in learning or abil- 
ity to teach or unable to write and speak the English language 
with facility and correctness shall receive a certificate. 

Certification of teachers. (Chapter 378, Laws of 1909.) 
Section 450 — 1. 1. Every applicant for a third grade certifi- 
cate shall be examined in orthoepy, spelling, reading, penman- 
ship, arithmetic, elementary composition and grammar, geog- 
raphy, the history of the United States, the civil government 
of the United States and of the state of "Wisconsin, physiology 
and hygiene with special reference to the effects of stimulants 
and narcotics upon the human system, school management, the 
manual of the elementary course of study for the common 
schools of Wisconsin, and the elements of agriculture ; and in 
addition to passing examinations in the aforesaid branches he 
shall have attended a professional school for teachers for at 
least six weeks and shall have received in such school stand- 
ings in school management, and in the methods of teaching 
reading and language, arithmetic and geography, provided^ 
however, that the provisions of this section relative to attend- 



72 SCHOOL LAWS OF WISCONSIN. 

ance at professional schools for teachers shall not apply to per- 
sons who have taught successfully in the public schools foi 
at least eight months prior to July 1st, 1910. 

2. In this act ''professional school for teachers" shall mean 
a state normal school, a county training school for teachers, 
any school in rank above a high school, offering a course for 
ti-aehers equivalent to that offered in the state normal schools 
of Wisconsin, or, in counties remote from a state normal school 
or county training school for teachers, -a teachers' institute 
maintained under such conditions and restrictions as may be 
provided for by the board of regents of normal schools, pro- 
vided that such institute shall be taught by at least two teach- 
ers and be of not less duration than, six weeks, and shall have 
ni connection therewith a model or practice school. 

3. A third grade certificate shall entitle the holder to teach 
for such period, not more than one year, as may be specified 
therein, in the superintendent's district in which the certificate 
is issued. A third grade certificate may be renewed if the 
holder shall during the life of the certificate attend a pro- 
fessicnal school for teachers for a period of not less than six 
weeks and shall receive in such school credits in at least two 
subjects. The holder of a third grade certificate may also re- 
new the same by passing an examination in all the subjects 
required for a third grade certificate. Not more than three 
third grade certificates shall be granted after 1910' to the 
same person. 

Section 450 — 2. 1. An applicant to receive a second gradt; 
certificate shall have taught successfully in the public schools 
for at least eight months and shall pass a satisfactory exam- 
ination ill all the branches reqiured for a third grade certifi- 
cate, and in addition in physical geography, American litera- 
tue, English Composition, and in the cataloging and use of 
school libraries. The county or city superintendent may 
transfer the standings of a third grade certificate in force to 
a second grade certificate if the holder of such third grade 
certificate has taught a school successfully for at least eight 
months and has attended since receiving such third grade cer- 
tificate, a professional school for teachers for at least six weeks 
and received credits in at least two subjects. 

2. A second grade certificate shall entitle the holder to 
teach in the superintendent's district where it is issued and 
shall be in force three years from the date of its issue. 

3. A second grade certificate may be renewed if the holder 
thereof shall pass an examination in all the subjects required 



CERTIFICATES AND EXAMINATIONS. 73 

for a second grade certificaLe. A second grade certificate may 
also be renewed without examination provided the holder 
thereof has taught successfully for two years during the life 
of such certificate and has attended a professional school for 
teachers for at least six weeks and received credits in at least 
two subjects. 

Section 450 — 3. 1. An applicant to receive a first grade 
certificate shall have taught successfully for at least eight 
months in the public schools and shall pass a satisfactory exam- 
ination in all' the branches required for a second grade cer- 
tificate, and in addition in English literature, theory and art 
of teaching, algebra, physics and English history. The county 
or city superintendent may transfer the standing of a second 
grade certificate in force to a first grade certificate if the holder 
of such second grade certificate has taught a school success- 
fully for at least eight, months and has attended, s.ince re- 
ceiving such second grade certificate, a professional school for 
teachers for at least six weeks and received credits in at least 
two subjects. 

2. A first grade certificate shall entitle the holder, to teacli 
in the superintendent's district in which it is issued and shall 
be in force for five years. 

3. A first grade certificate may be renewed by the county 
or city superintendent for one or more periods' of five years 
each, provided the holder has taught successfully for a period 
of ten years. 

Section 450 — 4. Whenever the supply of legally qualified 
teachers in any county has been exhausted the county or city 
superintendent with the approval of the state superintendent 
may issue special third grade certificates on examination m 
the subjects required for such certificates to as many persons 
as are necessary to supply the schools, provided that not more 
than one such certificate shall be issued to the same person. 

Section 450 — 5. 1. No first, second or third grade teach 
er's certificate shall be issued after July 1st, 1910, except as 
provided in sections 450 — 1 to 450 — 4 inclusive, of this act, 
provided further that nothing in this act shall repeal the pro- 
visions of section 450'a of the statutes. 

2. Any person so desiring, may, however, qualify for the 
several grades of certificates, provided for in this act, as 
therein required, at any time after its passage and publication. 

Transfer and renewal of certificates. Section 450a. 
(Part of Chap. 439, laws of 1901 as amended by chap. 445, 



74 SCHOOL LAWS OF WISCONSIN. 

laws of 1907.) 1. It shall not be lawful for any county superin- 
lendent to endorse a certificate issued by any other county 
superintendent, nor to extend the life of any certificate beyond 
the limits fixed by law. The papers written in any examina- 
tion shall not be used ag the basis for issuing a second certificate, 
which shall have the effect of extending the life of the certifi- 
cate first issued thereon, except as hereinafter provided. But 
in any examination for a second certificate, when the applicant 
has taught successfully in the superintendent district for one 
school year on a certificate previously issued by him, the super- 
intendent may, in his discretion, accept standings on papers 
written by the applicant in the preceding examination not to 
exceed five in number, in lieu of a re-examination in the sub- 
jects for which standings are so accepted. 

2. The superintendent may allow any person while holding 
an unexpired certificate of the third grade, or a county training 
school certificate to write on any two or more of the additional 
branches demanded for a certificate of the second grade. If 
the applicant is then sucessful in securing the required standing 
in any two of said second grade branches, the superintendent 
shall issue to said applicant a new third grade certificate based 
upon the previous examination or upon the county training 
school certificate, good for one year, and if on or before the ex- 
piration of such new third grade certificate, the applicant com- 
pletes the second grade examination, the superintendent may 
grant him a certificate of the second grade without limitation. 
If at any time during the life of the second grade certificate, 
any applicant shall successfully write in the additional branches 
demanded for a first grade certificate, the superintendent may 
issue such first grade certificate without limitation. 

The purpose of this act is to encourage teachers to secure teachers' 
certificates better or of higher grade than those of the third grade. 
It really provides for what may be properly termed "a progressive 
examination." It also provides a method j/hereby a teacher may se- 
cure a third grade certificate and in certain cases a second grade, 
without being re-examined in the third or second grade branches. It 
also authorizes the county superintendent under certain cases to issue 
a first grade certificate without the usual limitation. But one third 
grade can be issued under this law without re-examination in the third 
grade branches. If the applicant for a certificate of the second grade 
fails to secure such certificate during the life of the old and the new 
third grade certificates, another examination in the third grade branches 
must be taken. The first grade certificate must be secured during the 
life of the second grade certificate. If not, another second grade exam- 
ination must be taken. It must also be understood that branches that 
do not reach the required standing or per cent established by the 
county superintendent by and with the consent of the State Superin- 
tendent for a second grade certificate cannot be transferred from a 



CERTIFICATES AND EXAMINATIONS. 75 

third grade, nor can standings or per cents, lower than those required 
for a first grade certificate be transferred from a second grade certifi- 
cate. The applicant must take re-examination in the branches that fall 
below the minimum requirements. 

Preservation of examination papers. Section 450&. 
It shall be the duty of every county superintendent to preserve 
on file in his office during the life of every certificate issued by 
him or his predecessors, the examination papers, both questions 
and the answers thereto, examined by him or his predecessors, 
and upon which the certificate was issued; provided, that this 
section shall not prevent the transfer of papers to the state 
superintendent, as provided in section six of this act. 

Issue of certificate on transfer of papers. Section 

450c. If any person holding a certificate desires to teach in any 
county or superintendent district other than the one for which 
his certificate was issued, the county superintendent of that 
county or district may request the county superintendent who 
issued the certificate to transfer to him the papers in his posses- 
sion upon which the certificate was issued, whereupon it shall be 
the duty of the county superintendent so requested, to transfer 
the papers, if any. If these papers and standings are found satis- 
factory by the county superintendent to whom they were trans- 
ferred, he may issue a certificate upon them of the same grade 
as the original certificate and coterminous with it, or one of a 
lower grade to be in force a shorter time, and he shall preserve 
the papers on file in his office. If the papers are found unsatis- 
factory, and the certificate is denied, he shall return the papers 
to the county superintendent from whom he received them. 

See also chapter 104, laws of 1899, page 78, of this code. 

Standard of attainment in branches required for certifi- 
cates. Section 451. Each county superintendent shall 
establish for his county, subject to the approval of the state 
superintendent, the standard of attainment in each branch of 
study which must be reached by each applicant before receiv- 
ing a' certificate. The standard so established shall be unifonii 
in the county or superintendent district and no certificates shall 
be issued until the standard is established. The standard in the 
branches of study common to the third grade and the secona 
grade certificates shall be higher for the second than for the 
third grade certificate, and the standard in the branches com- 
mon to the second grade and the first grade branches shall be 
higher for the first grade than for the second grade certificate. 



76 SCHOOL LAWS OF WISCONSIN. 

The county superintendent may demand an examination in such 
additional branches as the applicant may be required to teach, 
and whenever he shall deem it necessary he may require a re- 
examination of any teacher in his county or superintendent dis- 
trict for the purpose of ascertaining his qualifications to con- 
tinue as such teacher. 

Comments relating to the standard of attainment will be found lai- 
der section 461. This provision enables the superintendent to act upon 
the facts within his own knowledge in the accomplishment of the end 
contemplated in section 453. The re-examination authorizes him to 
pass judgment upon the teacher with reference to his learning, ability 
to teach, and moral character. If found deficient in any of these par- 
ticulars to such a degree that his continuance as a teacher would be 
prejudicial to the interests of education, the certificate should not be 
granted. Th^e superintendent may base his judgment as to the teacher's 
ability upon the results of the observations made by him during school 
visitation. Care should be exercised that the observed conditions are 
of a permanent character and evidence the real condition of the school, 
as the authority to demand a re-examination of a teacher can lawfully 
be exercised only when there is good and sufficient cause for it. 

At least five days' notice should be given to the board and the teacher 
of the time and place when and where the examination will be held. 
When the exigencies of the case demand the immediate removal of 
the teacher, it is advisable to confer with the board with a view to 
secure his dismissal on the grounds of failure to perform his con- 
tract. Upon the board's failure to act, it will be proper for the super- 
intendent, in the discharge of his duty, to exercise the authority with 
which the statute clothes him, that is, he may annul the teacher's cer- 
tificate, whereupon the contract will expire by force of law. See sec- 
tion 438. 

If the case arises near the close of the teacher's term, it may be the 
better course to require the teacher to appear at the next public ex- 
amination; the facts and circumstances of each case should control 
the action of the superintendent. 

Appeal to state superintendent from markings by 
county superintendent, Seotion 452. Any applicant re- 
fused a certificate as teacher by the county superintendent, may 
apply to the state superintendent for a re-examination. The 
superintendent upon demand, shall give any applicant refused a 
certificate a written statement of the reasons of such refusal, 
which shall be presented to the state superintendent by the per- 
son desiring re-examination. If upon such re-examination the 
state superintendent shall be satisfied that such applicant ib 
legally qualified, he shall issue a certificate of the proper grade, 
which shall entitle him to the same privileges as if it had been is- 
sued by the county superintendent. In the exercise of his 
powers of general supervision of the schools, the state superin- 
tendent is hereby authori'zed to call for the examination papers, 
both questions and answers, of any person to whom a certificate 
has been granted, and it is made the duty of all county superin- 



CERTIFICATES AND EXAMINATIONS. 77 

tendents to furnish such papers when so called for. If, upon 
examination of the papers, the state superintendent is satisfied 
that the person to whom the certificate has been granted is not 
qualified, he may annul the certificate. 

An appeal from the action of a county superintendent in refusing 
to grant -a certificate must be conducted according to the rules and 
regulations of the department governing appeals. As the county su- 
perinendent fixes the standard of attainment under the advice of the 
state superintendent, no appeal need be taken under the impression 
that the standard will be lowered. 

If the refusal is for want of literary qualifications, a re-examination 
will probably be necessary. If for other reasons, the decision will be 
rendered according to the evidence submitted. The forms and rules 
to be observed in taking an appeal will be found under section 497. 

Countersignature of high school diploma by county su- 
perintendent. Section 452a. The free high school board 
shall make out and deliver to each graduate of the high school 
at the time of graduation, a certificate of his standing in the 
branches pursued by him in such school; and if such graduate 
of a high school, having a four years' course receive a first grade 
certificate from any county superintendent, and furnish to him 
or to any other county superintendent, a certificate from the 
free high school board that includes a satisfactory standing in 
theory and art of teaching, based on a study of this subject in 
a free high school for at least twelve weeks, and furnish also 
satisfactory proof of having taught successfully at least one 
school year, under such first grade certificate, such county su- 
perintendent may countersign his certificate of graduation or 
diploma at any time before the expiration of the first grade 
certificate, and affix the date of such signature thereto. The 
diploma so countersigned shall have for the period of five years 
thereafter, the force and efi^ect of a first grade certificate. It 
shall be lawful for more than one county superintendent to 
countersign the diploma, but no countersignature shall have the 
effect of extending the diploma as a first grade certificate be- 
yond the expiration of the five years immediately following tlie 
date of its first countersignature. 

Eight months' teaching may under this section be considered as 
one year of teaching. The proof of satisfactory work should be ob 
tained from the officers of the district in which the teaching has been 
done. If the applicant has taught in more than one district, testimo- 
nials signed by the officers of each board should be furnished. The 
teaching required must be done in a public school. The high school 
officers should make it a part of their duty as a board to issue the 
certificates of standings to the graduates of their schools. 



78 SCHOOL LAWS OF WISCONSIN. 

Required studies in high schools for countersignature of 
diploma. Section 496a. The state superintendent shall pre- 
pare a course or courses of study suitable to be pursued in free 
high schools, publish the same and furnish the same upon appli- 
cation. He shall exercise such personal supervision and make 
such personal inspection of the work of all such schools as they 
seem to require and the other duties of his office may warrant; 
he shall examine or cause to be examined all teachers of high 
schools, required by law to pass special examinations to qualify 
them for teaching in high schools, and grant certificates to such 
as pass examinations satisfactorily, which certificates shall be 
in such form and for such time as he may prescribe, and shall 
authorize the holder to teach in such special place or places, or 
in the whole state, as the qualifications of the candidate ma> 
warrant. Each free high school shall offer at least a twelve 
weeks' course of instruction each year in the theory and art of 
teaching; in the organization, management, and course of study 
of ungraded schools; and in the duties of citizens in the organ- 
ization and administration of local school systems. Such a 
course of instruction shall be open to all students in this school 
and a satisfactory standing in the work of this course shall be a 
condition precedent to the countersignature of a diploma held 
by a graduate of the school as provided in Section 7 of this act. 
Said superintendent shall furnish, suitable blanks for annual 
and special reports for all such schools, which shall require re- 
turns as to the number, age and sex of all pupils enrolled, the 
number in each class or year in the course of study, the number 
pursuing English branches only, the number completing the 
course of study each year and such other statistics as may be 
deemed necessary. 

This section relates more especially to the free high schools and 
will also be found printed in that part of this volume relating to such 
schools. 

Final normal school standings may be accepted by 
county superintendents. Section 1. (Chapter 104, Laws 
of 1899.) Any school superintendent or officer authorized to 
grant certificates to teachers in the common schools, is hereby 
authorized, in his discretion, to accept standings obtained by 
the completion of studies in any normal school of the state, 
when duly certified by the president of said normal school, in 
lieu of actual examination by said superintendent or examiner, 
at any time within three years after such standings were first 
obtained and recorded in said normal school. The provisions 



Certificates and examinations. 79 

of this section shall apply to certificates of the first, second or 
third degrees. 

By this act additional discretionary powers are given to county 
superintendents in certain cases. 

Certificates for teachers of special branches in cities. 

Section 1. (Chapter 148, Laws of 1899.) Any city superin- 
tendent of schools may issue certificates to teachers of special 
branches qualifying them to teach such branches in the schools 
under his supervision, after such examination as to their fitness 
to teach such branches as may be provided by the school board 
and approved by the state superintendent. 

By this law, the powers of city superintendents of schools are some- 
what enlarged. 

Charges against teachers. Section 453. If any charges 
be made in writing to any county superintendent over the sig- 
nature of a complainant against any teacher in the superintend- 
ent's district, affecting his moral character, learning or ability 
to teach, the superintendent shall give to the complainant, the 
teacher and the board by whom he is employed at least ten days' 
notice in writing containing a statement of the charges and of 
the time and place when and where he will hear the same. He 
shall proceed according to the notice to hear the proofs on either 
side and give the accused a reasonable opportunity to defend 
himself; he may administer oaths, and if he fhid the charges 
sustained and sufficient, annul his certificate; but the teacher 
shall not be disqualified thereby until notice containing his 
name, the date of and reasons for such annulment be filed in 
the office of the town clerk and a copy thereof delivered to 
the clerk of the district in which the teacher is employed. 

Immoral character, deficiency in learning, or inability to teach, is 
cause for the annulment of a teacher's certificate. The superintend- 
ent should listen to complaints made under these heads. Upon presen- 
tation of specific charges, he should file copies of the complaint with 
the teacher and with the district hoard, and name a suitable time and 
place for pursuing the inquiry formally. If the charges be sustained 
by convincing evidence presented by the complainant, and the rebuttal 
made by the teacher fail to exculpate him, the superintendent may 
annul the teacher's certificate. In case of a charge of deficiency in 
learning, the superintendent may re-examine after suitable notice, and 
may annul the certificate for cause; and in case of charge of want 
of ability to teach, the superintendent should inspect the school. If 
he find the charges well founded he may advise the board to discharge 
the teacher, or he may proceed as directed in the comments under 
section 451. In all steps taken the superintendent is a judge, the 
teacher is defendant, and the complainant should sustain his charge 
by convincing proof. Any annulment of a certificate is subject to ap- 
peal and to reversal by the state superintendent. 



80 SCHOOL LAWS OF WISCONSIN. 

State certificates — High school principal's certificates. 
Section 454. The state superintendent shall, before the fourth 
Wednesday of August in each year, appoint three competent 
persons, residents of this state, who shall constitute a board of 
examiners. Said board shall meet at the capitol once or more 
each year, at such times and also at such other places as the 
state superintendent shall prescribe, for the examination of all 
applicants for state certificates ; provided, the state superin- 
tendent is hereby authorized to examine principals of high 
schools and of free high schools who shall have been elected 
superintendents of the city schools containing such high school, 
and to grant certificates to successful candidates, valid for one 
year and in a single locality. The state superintendent shall 
prescribe the manner of making application, of conducting and 
managing such examinations, reporting the results thereof, and, 
with the advice of the examiners, in what branches of study, in 
addition to those fixed by law, the applicant for an unlimited 
state certificate shall be examined. 

, Any one who contemplates writing under the state board of exam- 
iners for a state certificate, either the county superintendent's, the 
limited or unlimited, should apply to the state superintendent for a 
copy of the program of the examinations and the governing rules and 
regulations. 

What branches; effect of certificate. Section 455. To 

entitle an applicant to a limited state certificate the " examiners 
shall be satisfied and report to the state superintendent that he 
possesses the requisite scholarship in all the branches of study 
required for a first grade county certificate, and also in mental 
philosophy and English literature. To entitle him to an un- 
limited state certificate they shall be satisfied and report that 
he possesses the requisite scholarship in all the branches above 
named and in such others as shall have been prescribed. He 
shall furnish to the examiners such evidence of good moral 
character, experience and success in teaching as they may re- 
quire, and upon their recommendation the state superintendent 
shall issue to him such certificate as is awarded by their report. 
A limited state certificate shall qualify him to teach in any 
public school without further examination for five years from 
its date, unless sooner annulled, and an unlimited state certifi- 
cate until annulled. 

Record of examination. Section 456. The state super- 
intendent shall record the date of each certificate and the name, 
age and residence of the person to whom issued; and he shall 



CERTIFICATES AND EXAMINATIONS. 81 

preserve on file in 'his office all papers relating to the examina- 
tion of applicants for state certificates. 

Compensation of examiners. Section 458. There shall 
be paid out of the state treasury to each examiner appointed 
as aforesaid five dollars per day for all time actually and neces- 
sarily spent in going to. holding and returning from any such 
examination, and all his actual and neces-iary expenses therein, 
to be fixed and certified by the state superintendent. 

Certificates are granted on examinations conducted by oral and writ- 
ten questions, and upon the filing of evidence of moral character and 
of successful teaching. Stationery is furnished free and no fee is 
charged for certificates. 

LIMITED CERTIFICATES. 

The requirements for these ceitificates are that each candidate should 
pass a satisfactory examination on all the branches requiied for a 
first grade certificate (see section 450 as amended by section 1, Chap. 
378, Laws of 1909), and in addition on psychology. Satisfactory evi- 
dence of good moral character and of success in teaching for at least 
twelve months is also required. 

Candidates are allowed to write at three successive sessiohs of the 
board of examiners, to complete the work. 

UNLIMITED CERTIFICATES. 

In addition to the examination provided for limited certificates, can- 
didates for unlimited certificates must pass a satisfactory examination 
in botany, political economy, history of education, zoology, general 
history, and in geology,, or chemistry, or astronomy as the applicant 
may choose. Latin may be substituted for the critical study of Eng- 
lish liteiature. They must also furnish evidence of gcod moral char- 
acter and of having taught successfully at least twenty-four months. 

Applicants for state certificates should write to the state superin- 
tendent for leaflet: Directions to candidates. 

City superintendents are frequently authorized by charters to exam- 
ine and issue certificates to all teachers employed in the city. If 
elected to the principalship of schools the city superintendent may find 
it difficult to qualify under other statutes. Section 454 authorizes the 
state superintendent to examine and issue a cerificate without con- 
vening the board of examiners. Principals should apply for direction 
before entering upon service. 

State teachers' certificates — licenses, etc. — how ob- 
tained. Section 458fl. (Chapter 579, Laws of 1907, repeal- 
'ing sections 458a, 458b, 458d, 458g. 458h, statutes of 1898, as 
amended by chap. 171, Laws of 1901, and section 1, chapte'r 64, 
Laws of 1903, and creating four new sections.) The holder oi 
a teacher's state certificate granted by another state, which is 
equivalent to the Wisconsin unlimited state certificate, may 
receive from the state superintendent, upon the recommenda- 
tion of the Wisconsin state board of examiners, a Wisconsin 
unlimited state certificate. The applicant shall furnish such 
6— S. L. 



82 SCHOOL LAWS OF WISCONSIN. 

evidence of learning and good moral character as the board 
may require and also of two years' successful experience in 
teaching in the public schools of Wisconsin subsequent to the 
date of issuance of the foreign state certificate. The holder 
of such state certificate upon which a Wisconsin state certifi- 
cate has not been issued in accordance with the provisions 
herein mentioned, may upon the recommendation of the state 
board of examiners, be granted a special license by the state 
superintendent, said special license legally qualifying the 
holder to teach for two years in a public school in Wisconsin. 

Section 458b. The state superintendent shall issue to the 
holder of a diploma, granted by the board of regents of normal 
schools to any person who completed the kindergarten train- 
ing course established by said board in any of the state normal 
schools, a license entitling the holder to teach in any public 
kindergarten in this state for one year. The holder of such 
a diploma may receive an unlimited state certificate, entitling 
him to teach in any public kindergarten in this state for life, 
unless sooner revoked, upon the furnishing of evidence of good 
moral character, and cne year's successful teaching after grad- 
uation, in a public kindergarten in the state of Wisconsin, to- 
gether with the certificate required in section 458b — 2. 

Section 458b — 1. The state superintendent shall issue to 
the holder of a diploma granted by the board of regents of 
normal schools to any person who completes the training 
course for teachers of manual training or domestic science, es- 
tablished by said board in any of the Wisconsin state normal 
schools, a license entitling the holder to teach manual training 
or domestic science for one year in any school forming fc. 
part of the public school system. The holder of such diploma 
may receive an unlimited state certificate entitling him to 
teach manual training or domestic science in any public school 
in this state for life, unless sooner revoked, upon furnishing 
evidence of good moral character and one year's successful 
teaching of such branches, after graduation, in a public school 
in the state of Wisconsin, together with the certificate re- 
quired in section 458b- — 2. 

Section 458b — 2. 1'. The president of the University of 
Wisconsin shall issue to all graduates of the regular collegiate 
courses of such university, a certified statement showing the 
name of the graduate, the date of graduation, the course from 
which graduated, and the said graduate has completed the 
course of pedagogical instruction prescribed by the, university 
for all persons who intend to teach. This certificate when pre- 



CERTIFICATES AND EXAMINATIONS. 83 

sented to the state superintendent, shall entitle the holder 
thereof to receive a license qualifjdng the holder to teach in 
any public school in the state of Wisconsin for one year from 
the date of issuance. 

2. The president of each state normal school shall issue to 
the graduates of the full course of the normal school, as well 
as to the persons completing the elementary course, a state- 
ment bearing even date with the diploma or certificate, setting 
forth the name of the person and the course from which grad- 
uated. This certificate when presented to the state superin- 
tendent, shall entitle the holder thereof to receive a license, 
qualifying the holder to teach in the public schools of Wiscon- 
sin for one year from date of issuance, 

3. The state superintendent, upon the presentation of a 
statement hereinbefore mentioned in this section, and satisfac- 
tory evidence of good moral character, and one year's success 
ful teaching after graduation in the public schools of the state 
of Wisconsin, shall issue certificates as follows: To any per- 
son who shall hold a university or normal school diploma, an 
unlimited state certificate ; to any person who shall hold a 
normal school elementary certificate, a limited state certificate, 
qualifying the holder to teach in a public school for a period 
not to exceed six years from the date of issuance of the normal 
school certificate. Neither a limited state certificate, nor a 
license to teach based upon the certificate from the elementary 
course of a normal school shall qualify the holder as princi- 
pal of a free high school having four years course of study. 

Diplomas — State certificates. Section 458c. (As 
amended by Chapter 237, Laws of 1899.) The holder of a di- 
ploma granted by any incorporated college or university whose 
regular collegiate courses are fully and fairly equivalent to 
corresponding courses of the University of Wisconsin, or the 
holder of a diploma granted by a state normal school whose 
courses of study are fully and fairly equivalent to the courses of 
study in the Wisconsin normal schools, may present such di- 
ploma, together with evidence of the required standing of the 
college, university or normal school granting the same, to the 
board of examiners. The applicant shall furnish therewith 
testimonials of good moral character, and, if a holder of a di- 
ploma granted by any such college or university located within 
this state, of one year's successful teaching in a public school 
after the date of said diploma ; if a holder of a diploma, granted 



84 SCHOOL LAWS OF WISCONSIN. 

by any such college, university or normal" school not located with- 
in the state, the applicant shall furnish therewith like testimo- 
nials of good moral character, and of two years' successful teach- 
ing in a public school after the date of said diploma. The 
holder of any such diploma recommended favorably by the 
board shall be entitled to receive an unlimited state certificate. 
The holder of a diploma granted upon the completion of a 
course of study accredited as herein provided, upon which a 
SL^te certificate has not been issued, upon the recommendation 
of the board of examiners made in pursuance of such examina- 
tion as to learning, moral character and ability to teach as said 
board may require, may be given a special license by the state 
superintendent to teach for two years in a public school. 

These sections are of interest only to those who have graduated from 
some normal school, college, university, kindergarten school or de- 
]jartment, manual training or domestic science school or department, 
and teachers who have secured state certificates in other states. It 
provides that in place of countersigning diplomas, the state superin- 
tendent shall issue state certificates. This will make it unnecessary 
to file the diplomas with the state superintendent, but certain creden- 
tials, testimonials, etc., as evidences of scholarship, ability, and char- 
acter, must be filed with the state superintendent before the state cer- 
tificate will be granted. 

E-evocation of state certiiicate, etc. Section 458e. Any 
state certificate or license, or the equivalent of them, may be 
revoked by the state superintendent for incompetency or im- 
moral conduct; but before any such revocation the holder shall 
be served with a written statement of the charges against him 
and shall have an opportunity for defense. 

Diploma of Milwaukee high school. Section 458/. The 
state superintendent, after such examination as to moral char- 
acter, learning and ability to teach as to him may seem proper 
and reasonable, may countersign the diploma of any graduate 
of the Milwaukee high school and the normal department 
thereof, received from the school board of Milwaukee, who has 
taught successfully in a public school in this state for five years, 
and the diploma of such graduate, so countersigned, shall be 
evidence of his qualifications to teach in any common school 
and have the force and effect of an unlimited state certificate. 

Kindergarten teachers — Legal qualifications. Section 
458g. (Chap. 317, laws of 1907, amending section 458g, Stat- 
utes of 1898, and section 1, chapter 69, laws of 1903.) Ai 



CERTIFICATES AND EXAMINATIONS. 85 

diploma granted by the board of regents of normal schools to 
any person who completes the kindergarten training course es- 
tablished by said board in any of the state normal schools, shall 
be regarded as a certificate legally qualifying the holder thereof 
to teach for one year in any kindergarten forming a part of the 
public school system, or in the first three years of the primary 
grades of such system (the words "primary grades" shall be 
construed as in sectioD 1 of chapter 248, laws of 3905) ; and 
the state superintendent may, after such examination as to 
moral character, learning and ability to teach as to him may 
seem proper, countersign such diploma if, since receiving it, 
the holder has taught in a public kindergarten or in primary 
grades in this state one year, and thereafter such countersigned 
diplomas shall qualify to so teach until the same shall be an- 
nulled. 

See section 45Sb for directions as to licenses and state certificates. 
The diploma is no longer to be considered a license and no more diplo- 
mas can be countersigned. The license and state certificate mentioned 
in section 458b legally quality the holder to teach in primary grades as 
designated and interpreted in ssctiou 458g printed above. 

Section 458q. 1. The holder of a diploma granted by any 
Icindergarten training school whose course of instruction is 
fully and fairly equivalent to the course of instruction in kin- 
dergarten training prescribed by the board of regents of nor- 
mal schools in any of the state normal schools, may present 
such diploma, together with evidence of the recpiired standing 
of the kindergarten training school issuing such diploma to the 
state board of examiners. 

2. The applicant shall furnish therewith testimonials of 
good moral character and of one year's successful teaching in a 
kindergarten or primary grades in the public schools in Wis- 
consin after the date of such diploma. 

3. The holder of any such diploma recommended favorably 
by the board shall be entitled to receive a certificate issued by 
the state superintendent qualifying the holder to teach in any 
public kindergarten or primary grade in the state, until the 
same shall be annulled. 

4. The holder of a diploma granted upon the completion of a 
course of stl^dy accredited as herein provided, upon which a 
state certificate has not been issued, upon the recommendation 
ot the board of examiners made in pursuance of such examina- 
tion as to learning, moral character and ability to teach as said 
board may require, may be given a special license by the state 



86 SCHOOL LAWS OF WISCONSIN. 

superintendent to teach for one year in any kindergarten or in 
primary grades in the public schools of Wisconsin. 

Under the provisions of this chapter a teacher who holds a counter- 
signed liindergarten diploma, or a license or state certificate based upon 
a kindergarten diploma, is legally qualified to teach in the lower grades 
of the public school, provided that such teaching shall be confined to 
the first three years' work. The law is also retroactive inasmuch as it 
enlarges the legal qualifications of those who have received counter- 
signed diplomas in past years. 



Section 2. An unlimited state certificate qualifying the 
holder to teach in any public kindergarten in the state until 
annulled, shall be issued by the state superintendent to any 
person recommended for such certificate by the state board of 
examiners, after such examination as shall satisfy the examin- 
ers that the applicant possesses the requisite scholarship in all 
the branches prescribed in the course of instruction for kinder- 
garten training by the board of regents of normal schools for 
any of the state normal schools ; provided, further, that the 
applicant shall furnish to the examiners such evidence of good 
moral character, experience, and success in teaching as they 
may require. 

Section 3. In addition to the foregoing there are hereby 
established three grades of certificates for kindergarten teach- 
ers, to be known as first, second, third. Every applicant for a 
kindergarten certificate shall be examined in the subjects here- 
inafter mentioned for the several grades respectively, as fol- 
lows: For the third grade in orthoepy, orthography, reading, 
writing, arithmetic, English grammar, physiology and hygiene 
with special reference to the physiology and hygiene of child- 
hood, drawing, music, juvenile literature, and theory and art 
of kindergarten teaching. For the second grade, in all the 
foregoing, and also in general literature and the elements of 
botany. For the first grade, in all the foregoing, and also in 
the history of education as related to the development of the 
kindergarten, and in the elements of zoology. If found quali- 
fied, the applicant shall receive the certificate of appropriate 
grade. The third grade certificate shall entitle the holder to 
teach in any kindergarten for such period not more than one 
year as may be specified therein, in any town or city in the 
superintendent district in which the applicant is examined, ex- 
cept that it may be limited by the county or city superintend- 
ent to one town or school therein. A second grade certificate 
shall entitle the holder to teach in any kindergarten in any 



CERTIFICATES AND EXAMINATIONS. 87 

tcwn or city in such superintendent district, and be in force for 
two years from its date. A first grade certificate shall entitle 
the holder to teach in any kindergarten in any town or city 
in such superintendent district, and be in force for four years 
from' its date; but the county or city superintendent may limit 
the same to one year and remove the limitations upon satisfac- 
tory evidence that the holder has successfully taught in a pub- 
lic kindergarten in this state for at least six months. If a per- 
son pass a satisfactory examination by any county or city 
superintendent and obtain a certificate of either grade, and 
propose to teach in another superintendent district, it shall be 
lawful for the superintendent holding the papers written at 
the examination for such certificate, upon the request of any 
county or city superintendent, to transfer such papers to him, 
and if found satisfactory, a certificate thereon, of the proper 
grade, to be coterminous with the original certificate, may be 
issued by him, to the same effect as though he had examined 
the applicant himself. 

Section 4. After July 1, 1902, no person shall be deemed 
a legally qualified kindergarten teacher in the state of Wiscon- 
sin who does not hold a certificate granted by the proper officer 
under the provisions of this act; provided, that nothing herein 
shall operate to invalidate kindergarten certificates issued un- 
der the authority of the board of education of any city prior 
to the passage of this act; nor to effect the validity of kinder- 
garten certificates issued under the provisions of section 458g 
()£ statutes, and provided further, that the provisions of this 
act shall not apply to cities of the first class. 

Other diplomas; special license. Section 2. The holder 
of a diploma granted by any manual training school or school 
of domestic science, upon the completion of a training course 
for teachers in either subject fully and fairly equivalent to the 
course of instruction for teachers in the same subjects pre- 
scribed by the board of regents of normal schools, may present 
such diploma, together with the evidence of the required stand- 
ing of the training schcol issuing such diploma, to the state 
board of " examiners. The applicant shall furnish therewith 
testimonials of good moral character and of two years' success- 
ful teaching of manual training or domestic science, as the case 
may be, in the public schools of the state after the date of such 
diploma. The holder of any such diploma, reconniiended fa- 
vorably by the board, shall be entitled to receive a certificate 



§8 SCHOOL LAWS OF WISCONSIN. 

i&siied by the state superiutendeiit, qualifying llu; lioldcr as a 
teacher of manual training or of domestic scionc^e, until tlie 
same shall "be annulled. The holder of a diploma granted upon 
the completion of a course of study, accredited as herein pro- 
vided, upon which a state certificate has not 1/'m>u issued, upon 
tlie recommendation of the hoard of examiners made ifi pursu- 
ance of such examination as to learning, moral charact.'r and 
ability to teach as said board may require, niay be given a 
special license by the state superintendent to teach jiianual 
training or domestic science as recommended by the board, for 
two years in the public schools of the state. 

State superintendent; special licenses; state certifi- 
cates; diplomas. (Chapter 231, Laws of 1905.) Section 
458i. The state superintendent is authorized and ciapowered 
to countersign diplomas and issue state certificates to persons 
who are engaged in superivising work in the public schools or 
teaching in colleges or normal schools, otherwise legally quali- 
fied under existing statutes or are recommended by the state 
board of examiners. 

Section 458j. The state superintendent may issue a special 
license good only until the nexc meeting of the state board of 
examiners in cases where the applicant gives satisfactory evi- 
dence that his qualifications and credentials shall meet the 
requirements of the board of examiners; said temporary license 
to be issued only in urgent cases and in order that the school 
board, or board or education may be legally authorized to pay 
the salary of said teacher from the funds of the district for 
services rendered. 

Section 458k. The state " superintendent may upon the 
recommendation of the state board of examiners, grant a spec- 
ial certificate legally cpialifying the holder to teach such special 
branch or hranches in the public schools as may be named on 
the face of the certificate. 

Section 458 1. Upon the recommendation of the state board 
of examiners an applicant may be granted a limited special 
certificate qualifying him to teach not more than one special 
branch in the public schools, said certificate being limited to 
one particular school or district to be named in the cer:ificate, 
said certificate to be null and void in any other school or dis- 
trict. 

Qualifications of teachers. Section 1. (Chapter 120, 
Laws of 1899.) After the fir^t day of July, 1900, graduates 



CERTIFICATES AND EXAMINATIONS. 89 

of colleges and universities, in order that their diplomas may 
become an authorization to teach in the public schools of this 
state, as now provided by law, must present with them to the 
state superintendent of public instruction satisfactory evidence 
of having given to psychology and pedagogy at least as much 
study as is required, in this state, of candidates for a life 
certificate. 

The circular relating to state examinations will give some idea as to 
what this requirement is. 

The above sections and chapters cover points relating to tlie coun- 
tersignature of diplomas and state certificates and the issuance of li- 
censes and certificates by the state superintendent. The testimonials 
sent must be originals, not copies, and the statements made in regard 
to moral character must be clear and specific. In securing evidence 
of tlie moral character and success in teaching necessary before di- 
plomas from normal schools and state universities can be counter- 
signed the following information must be given: 

Name and address of the superintendents under whom you have 
taught months. 

Name and address of the principal under whom you last taught, if 
you tauglit in a graded school or as an assistant in a high school; 
grade of work: 

Names and addresses of two members of the school board by whom 
ycu were employed when you last taught: 

If during- your month's teaching you have been employed by 

more than one board, give the names and addresses of two members 
of each two boards: 

Name of any ether well known school man v/ho has personal knovv'l- 
Gdge of your woik in the class-room: 

Prom what seliool do you liold a diploma? 

Prom what course? .....' 

Date of diploma 

Have you passed an examination for a state certificate? 

If so, when? 

Where? 

If you hold a diploma, or a state certificate from another state upon 
which document you apply for a state certificate in Wisconsin, forward 
the document so held to the state superintendent, if he has not already 
received it. 

Your name 

Address 

Date 

This information must be mailed to the state superintendent. Blanks 
prepared for giving this information will be promptly mailed to any 
one wishing to mai^e application foi- countersignature of his diploma oi' 
recognition of his certificate. The state superintendent will communi- 
cate at once with tlie parties named and receive their estimates of the 
work and chaiacter of the applicant. 

Legal school holidays — Attendance upon institute or 
teachers' association. (Chapter 92, Laws of 1907, amend- 
ing section 459, Statutes of 1898, as amended by chapter 326, 



90 SCHOOL DAWS OP WISCONSIN. 

Laws of 1903.) Section 459. Twenty days of teaching shall 
constitute a school month unless it be otherwise specified in 
the contract, and all legal holidays, except the day of any pri- 
mary election or any general election occurring on school days 
shall be counted although no school be taught ; but school taught on 
legal holidays shall not be counted for two school days, and no 
Saturday shall be counted. The board may give to any teacher 
employed, without deduction from his wages, the whole or any 
part of any time spent by him in attending the sessions of any 
institute held in the county embracing any part of the district, 
or in attending the meeting of any teachers' association upon 
such teachers furnishing to the clerk, to be filed by him a certifi- 
cate of regular attendance On such institute or teachers' asso- 
ciation, signed by the person conducting the institute or by 
the secretary of the association. 

This chapter abolishes general election day (the first Tuesday after 
the first Monday in November in every even numbered year and pri- 
mary election day, the first Tuesday in September in even numbered 
years), as legal holidays. Legal holidays can only be counted in favor 
of the teacher or the school district when they occur on school days and 
when school under other circumstances would be in session. Thtj 
school holidays now recognized by statute are: January 1st, February 
22nd, May 30th, July 4th, Labor Day — usually occurring the first Mon- 
day in September in accordance with a proclamation by the Governor — 
Thanksgiving Day — usually the last Thursday in November — and 
Christmas Day. When legal holidays occur on Sunday, the following 
Monday is the holiday. 

School boards and teachers should take notice that the teacher's 
month is always twenty days, unless otherwise specified in the con- 
tract; also, that no Saturdays, but all legal holidays occurring while 
school is in session are to be counted. 

It is recommended that school boards exercise the power given in 
this section, and allow teachers to attend institutes without deducting 
the time. The consent of the board to attend an institute or associa- 
tion occurring while school is in session must be obtained from all or a 
majority of the board at a board meeting held under the provisions of 
section 432. The certificate of attendance required by the law should 
be surrendered to the clerk before an order for wages is drawn. 

School register — Teacher's report. Section 460. The 
teacher shall enter in the register furnished by the clerk the 
names, ages and studies of all scholars attending school, and 
daily their attendance and absence and such other facts as the 
county superintendent or state superintendent may require; 
which register the teacher shall deliver to the clerk at the close 
of his service or whenever it may be required for the use of the 
board. The teacher shall make in writing and transmit to the 
board or to the county superintendent a report concerning any 
matter relating to his school in such manner as the board 
or the superintendent may prescribe; and any teacher who 



CERTIFICATES AND EXAMINATIONS. 91 

shall wilfully neglect or refuse to make entries in the register 
as above required shall forfeit his wages for teaching during 
the time of such neglect or refusal. 

It is the duty of the clerk to furnish the teacher with a register 
(subdivision 5, of section 446), and to call attention to the penalties 
of Avilful neglect or refusal to comply with this requirement. 

Economy will be served if bound books be procured for registers. 
While registers are not supplied by the state superintendent, approved 
forms may be obtained of firms that deal in school supplies. 

The clerk should examine the register during the term to aid in 
securing that accuracy in the method of keeping it that will enable 
him to make a reliable report to the town clerk, and he should require 
the teacher to return the register at the end of the term. The teacher 
should also fill out a condensed report at the end of each term and at 
the close of the school for the year. Such reports are easily furnished 
by the teacher and are helpful in securing accurate reports from school 
officers. 



92 SCHOOL LAWS OF WTSOONSIN. 



I\ .- THE COUNTY AND THE CITY 
SUPERINTENDENT. 



Eligibility. Section 702a. (Amending section 2 of Chap, 
583, Laws of 1907, amending Chap. 351, Laws of 1899, amend- 
ing section 38 of Chap. 5 of the Laws of 1898.) * '^ * In 
no case shall a county clerk * * * place the nam^e of any 
person upon such ballot (election ballot) as a candidate for the 
office of county suparintendent of schools unless such person 
shall have filed in said clerk's office at least ten days before the 
day of ekiction at which such superintendent is elected proof 
of having sueeessfully taught in one or more of the public 
schools of this state for a period of eight months, and a copy 
of a certificate entitling him to teach in any such school, or of 
a certificate known as a county superintendent '\s certificate, un- 
less such peirson, before the first day of May, 1895, had held 
tli'e office of county superintendent of schools of this state. 

See section 38, Wisconsin statutes of 1898. 

Any one of tlie follov.ing documents entitles its holder to teach in 
any public school in the state, and hence is the certificate required by 
the provisions of the law above quoted: 

1. The Unlimited Wisconsin State Certificate. 

2. The Limited Wisconsin State Certificate for five years from the 
date of the certificate. 

3. A diploma granted upon the completion of a regular collegiate 
course of the Wisconsin State University, or of a Wisconsin state nor- 
mal school, if countersigned by a Wisconsin state superintendent. 

4. An elementary certificate, granted upon the completion of the ele- 
mentary course of study of any one of the Wisconsin state normal 
schools for five years after the date of countersignature by a state 
superintendent. 

f). Any college or university diploma, bearing the countersignature 
of a Wisconsin state superintendent. 

6. A special license gianted by a Wisconsin state superintendent, 
authorizing the holder to teach for one or two years in any public 
school in Wisconsin, as provided in sections 458c and 458h. 

7. A diploma granted upon the completion of the course of study of 



THE COUNTY AND THK CrrY SUPERINTENDENT <);5 

the Milwaukee high school and the normal department thereof, if 
countersigned by a Wisconsin state superintendent. 

8. A limited state certificate or a first or second grade county cei- 
tificate countersigned by a Wisconsin state superintende\t under the 
provisions of chapter 203, laws of 1882. (Chapter 303, laws of 1832, 
has been repealed.) 

9. A state certificate granted by any other state, that has been couu- 
tei signed by a Wisconsin state supei-intendent. 

10. The county superintendent's certificate, issued by a Wisccirain 
state superintendent in accordance with section 461g. 

11. The certificate authorized by section 458h, if in force at the time 
of nomination and election. 

Election of coiinty or district superintendents. (Chap- 
ter 307, Laws of 1903, amending- Section 698 of the Statutes of 
1898.) Section 698. At the general election in the year one 
thousand nine hundred and four and biennially thereafter, 
there shall be elected in each county for a regular term, tlu; 
following county officers, viz. : A county clerk, treasurer, 
sheriff, coroner, clerk of circuit court, district attorney, regis- 
ter of deeds and surveyor. The regular term of office of all 
such officers shall commence on the first Monday of January 
next succeeding their election and continue two years; but 
each such officer, including those now in office, shall hold his 
office until his successor is qualified. 

A superintendent of schools shall be chosen by the qualified 
electors of each superintendent district in the state of Wiscon- 
sin, at the election to be held on the first Tuesday in April 
in the year one thousand nine hundred and five and biennially 
thereafter, and said officer shall hold his office for the tei-m 
of two years from the succeeding first Monday of July. The 
county or district superintendent chosen at the general election 
in November, A. D. 1902, or thereafter appointed, shall hold 
and continue in office as such, until the first Monday in July, 
A. D. 1905, and their successors shall be chosen as herein- 
before prescribed at the election in April, A. D. 1905. The 
superintendent of each district shall hold his office until his 
successor is elected and qualified. The county board of super- 
visors of every county, at the annual meeting next precedng 
the election of such superintendent or superintendents, shall 
fix the amount of salary which shall be received by the super- 
intendent of schools of each superintendent district within said 
county except the city superintendent of schools of any city, 
and may allow such actual and necessary traveling expenses 
within and without the county, as may be reasonable and just; 
the same to be audited, allowed and paid in the same manner 



94 SCHOOL LAWS OF WISCONSIN. 

as other claims against the county are audited, allowed and 
paid. 

City superintendent of schools. (Chapter 86, Laws of 
1909 amending Chapter 360, Laws of 1903, as amended by 
Chapter 388, Laws of 1905.) Section 926—115. In all cities 
except cities of the first class, there may be elected * * by 
the board of education or the board of school commissioners^ 
a city superintendent of schools for a term not to exceed three 
years, whose duties shall be : 

1. To examine and license teachers according to the statutes. 



2. To supervise the administration of the courses of study. 

3. To have general supervision of the professional work 
of the schools of the city, including the holding of teachers' 
meetings and the promotion of pupils. 

4. From time to time to make a written report to the board 
of education or board of school commissioners, as the case may 
be, embodying such recommendations relative to the employ- 
ment of teachers, adoption of text-books, changes in the course 
of study, enforcement of discipline, and such other matters as 
said superintendent may deem for the best interests and welfare 
of the city schools. 

5. To make such other reports and to perform such other 
duties as the board of education or board of school commis- 
sioners may direct and which are not in conflict with the pro- 
visions of this act. The board of education or the board of 
school commissioners shall determine the annual compensation 
to be paid said city superintendent of public schools from the 
school funds of the city. 

Superintendent not to engage in other business. Sec- 
tion 2. This act shall apply to all cities, except those of the 
first class, in which a city superintendent of schools is elected or 
appointed by the board of education or the board of school 
commissioners, and no city superintendent of schools shall en- 
gage in any other profession or occupation or pursuit for such 
time or in such manner as shall interfere with the proper dis- 
charge of his duties as such superintendent during the term 
for which he is elected ov appointed. A violation of any of the 
provisions of this section shall subject the offender to removal 
from office, provided that nothing in this act shall be eon- 



THE COUNTY AND THE CITY SUPERINTENDENT 95 

strued to bar any city superintendent of schools from being 
principal of, or teaching in any school under his supervision, 
and no person shall be eligible to the office of city superintend- 
ent of schools whose legal qualifications are not equivalent to 
those required for the principalship of a free high school hav- 
ing a course of study requiring four years for its completion. 

City superintendent — Secretary. Section 3. The board 
of education or board of school commissioners in all cities, ex- 
cept cities of the first class, shall annually choose one of their 
own number to act as chairman and shall choose a secretary 
,who may or may not be a member of the board. It shall be 
the duty of said secretary to be present at each board meeting ; 
to keep in full in a book provided for that purpose, the minutes 
of such meeting and to perform any other clerical duties un- 
der the direction of the board at such compensation as the board 
may fix. It is further provided that said city superintendent 
of schools shall not be eligible to membership on the school 
board nor to act or be elected as president or chairman thereof. 

City superintendent to attend convention. (Chapter 
253, laws of 1909.) Section 926— 117m. It shall be the duty of 
each city superintendent to attend annually one convention 
called and held by the state superintendent for the purpose of 
consultation upon matters pertaining to the supervision and 
management of city schools. Each superintendent shall be re- 
imbursed his actual and necessary expenses incurred for travel, 
board and lodging because of attendance upon such convention 
such bills to be audited and allowed by the boards of educa- 
tion upon presentation of an itemized statement of expense 
accompanied by a certificate of attendance signed by the state 
superintendent. 

Superintendent districts — Effect upon cities. Section 
703. The county board of each county having over fifteen 
thousand inhabitants according to the census last preceding 
division, may divide such county into two superintendent dis- 
tricts, to be called superintendent district number one and 
superintendent district number two, by resolution, specifying 
therein the territory included in each and every such division, 
and every like division heretofore made shall remain in force 
until rescinded by resolution of the county board. Unless so 
divided each county shall constitute a superintendent district, 
but every city having a board of education, a superintendent 



9(5 SCHOOL LAWS OF WISCONSIN. 

of schools or other hoard or officer vested with power to exam- 
ine and license teacherj and supervise and manage the schools 
therein, shall be exempt from the provisi( ns of this section and 
all provisions relating to county superintendents of schools, 
except so far as required to make reports to the county super- 
inteiulent of the district in which siu'h city is situated; and tliv 
electors of such city shall have no v('ice in electing such county 
superintendent, and the supervisors from such city shall have 
no voice in the connty board in determining or providing the 
compensation or allowance of, or any matter relating to, such 
county superintendent; nor shall any tax be levied on such city 
to pay any part of such compensation or allowances. When 
any county shall be so divided the county board may assign 
the county superintendent in office to either district, and tlib 
state superintcjulent shall appoint a county superintendent for 
the other district, to hold until his successor i ; elected and 
({ualified according to law. The accei)tancc of the office of 
county supervisor by any county superintendent of schools 
shall vacate his office. 

Salary, expenses and bond. Section 704. (as amended 
by Chapter 518, Lav/s of 1905) . The compensation of -county 
and district superintendent 3 of schools shall be fixed by the 
county board of supervisors and shall be an annual salary of 
not less than five hundred dollars in counties or superintendent 
districts containing more than five thousand and les; than nine 
thousand inhabitants and not less than nine hundred dollars in 
county or superintendent districts containing more than nine 
thousand inhabitants, but in no county or superintendent dis- 
trict containing over six thousand inhabitants shall the salary 
be fixed at less than five hundred and fifty dcUars and in 
comities or superintendent districts containing over seveix 
thousand inhabitants, the salary shall not be fixed at less than 
six hundred dollars, and in counties or superintendent districts 
containing over eight thousand inhabitants the salary shall not 
be fixed at less than seven hundred and fifcy dollars and in 
counties or superintendent districts containing more than nine 
thousand inhabitants the salary shall not be fixed at less than 
nine hundred dollars and in estimating such populations, all 
cities under the supervision of city superitendents of schools 
shall not be counted. The county boards of supervisors shall 
allow for stationery, postage and printing such amount as the 
county or district superintendent shall certify to be actually 
necessary, not to exceed one hundred dollars in counties or 
superintendent districts containing less than five thousand in- 



THE COUNTY AND THE CITY SUPERINTENDENT fJ7 

habitants, and not exceeding two hundred dollars in district 5 
containing' more than five thousand inhabitants, and may allow 
such superintendent such sum in addition to his compensation 
and other allowances specified above as he shall certify he has 
actually and necessarily expended in defraying traveling ex- 
penses while engaged in the discharge of the duties of his office; 
provided that no more than two hundred fifty dollars shall be 
allowed for such expenses in any one year to each superintend- 
ent. The superintendent shall make and present an itemized 
statement of these accounts, said statement or account to be 
audited at the annual meeting of the board of supervisors. 
The limitations of this section shall not apply to counties for 
which different limitaticnj have been made by special acts. 
Each county or district superintendent shall be reimbursed his 
actual necessary expenses incurred in traveling from his resi- 
dence to the place of holding the nearest or most accessible con- 
vention of county superintendents called by the state superin- 
tendent; his hotel expenses during the time he actually attended 
such convention and his expenses incurred in returning to his 
place of residence. An itemized statement for such expenses 
'3hall audited by the county board upon the presentation 
thereof with the certificate of the state superintendent attached, 
showing the attendance of the county or district superintend- 
ents on such convention for the time specified in the statement, 
and not more than one such account shall be paid for any one 
superintendent for each year. Each coimty or district super- 
intendent shall give a bond with such sureties as the county 
board of supervisors may approve for the proper performance 
of his duties under the law providing for a county teachers' in- 
stitute fund, which bond shall secure the payment of not less 
than twice the sum of money which the board may estimate will 
come into his hands in consequence thereof. 

Section 3.' Nothing hereinbefore contained shall affect the 
salary of any county or district superintendent now in office 
during the term for which such superintendent Avas elected. 
Whenever any county board shall have omitted to fix a salary 
for any district superintendent pursuant to the provisions of 
chapter 307, of the laws O'f 1903, the salary theretofore fixed 
by the county board for the county superintendent shall be 
this salary of such district superintendent until otherwise fixed 
by or pursuant to any law of this state. 

Salary of district superintendent of schools. (Chapter 
252, Laws of 1905.) Section 1, District superintendents of 
7— S. L. 



ijg SCHOOL. LAWS OF WISCONSIN. 

schools, as provided by chapter 307 of the laws of 1903, shall 
receive the same amount of salary heretofore last fixed by the 
county board of supervisors, as provided by law, until otherwise 
determined by the said county board of supervisors as the sal- 
ary of the county superintendent of schools in each respective 
district. 

His duties. Section 461. It shall be the duty of every 
county superintendent : 

1. To examine and license teachers in his district and to an- 
nul certificates as provide by law. 

The purpose of teachers' examinations is to ascertain the attain- 
ments of applicants in the branches set forth in the law, and their 
ability to instruct. Character and conduct are important factors in 
a teacher's equipment, and so the law restrains superintendents from 
granting certificates to persons known to them to be- immoral. A 
formal examination into the moral character of applicants seems to 
be impracticable, but superintendents should be no less alert to save 
pupils from the contamination that would result from licensing un- 
principled persons. Applicants that are unknown to the examiner 
should be required to iumish satisfactory evidence that their conduct 
is above reproach. The law wisely forbids the use of religious tests, 
but that sound morality that constitutes the recognized rules of life 
among right thinking people is not sectarian. 

Comment upon certificates may be found under section 450, as 
amended by chapter 439, laws of 1901. 

The law sets forth the branches in which applicants must be exam- 
ined, and the different certificates wliich superintendents are author- 
ized to grant. The method of examination is by written and oral 
questions. In the preparation of questions care should be observed 
that they are made to involve principles rather than facts, and they 
should be so framed as to test the applicant's aTsility to develop a sub- 
ject by correct methods, and to secure to pupils the disciplinary value 
of the study. They should be sufficient in number to constitute an ade- 
quate test. 

Superintendents should discriminate between the standard of attain- 
ments in branches of study and the standing in these branches. The 
standard is the examiner's judgment as to the ability and scholarship 
requisite for a teacher. Standing is the applicant's attainments in the 
several branches as indicated by the examination. 

*Care in the formation of the standard required will aid in determin- 
ing the plan of examination and the questions to be submitted. The 
sole purpose of examinations is to test the ability and attainments of 
applicants as measured by a required standard, and hence some stand- 
ard is a pre-requisite to intelligent work in examinations. If the ex- 
aminer prefers not to know whose papers he examines, he may give 
each candidate a number to be placed upon his paper instead of his 
name. The preliminary paper, prepared by the candidate, should show 
his number, which will afford a means of identifying his papers after 
they have been examined and the results determined. "Whichever 
method is adopted, the examiner will not be relieved from the duty 
of justifying his markings when called upon to do so. 

In conducting the oral examination, the examiner should carefully 
note pronunciation, choice of words, facility of illustration, and man- 
ner of address, with & view to the formation of relatively just judg* 



THE COUNTY AND THE CITY SUPERINTENDENT. 99 

nients. The oral examination affords an excellent test of a person's 
ability to impart instruction. All applicants deserving certificates 
should speak the English language readily and correctly. 

The law does not require the attainment of any age as essential for 
a certificate. The question for the examiner to determine is one of 
capacity and fitness to perform the duties and to meet the responsibili- 
ties of a school teacher. These demand a maturity of judgment and a 
soundness of discretion not found in boys and girls. 

All papers written at examinations should be preserved by the su- 
perintendent during the life of the certificate issued thereon. A con- 
veniently arranged permanent record of all examinations must be kept, 
which must embrace the names and addresses of applicants, their 
standings and the grade of certificates granted to each, with tjie date 
of its expiration. See section 450b as amended by chapter 439, laws of 
1901. 

The examiner should make all arrangements necessary for the proper 
conduct of the examination sufficiently early to hegin work at the hour 
appointed in the public notice. Applicants should be required to con- 
form to such regulations as v/ill facilitate the work of the examination 
and make it a true test of their qualifications. Every precaution should 
be taken to preclude resort to unfair means. 

2. To visit and examine each district and all the schools in 
his district at least once in each year and as much oftener as 
may be , necessary ; to inquire into all matters relating to the 
management, course of study, mode of instruction, text-books 
and discipline of such schools and the condition of the school 
house, site3 and outbuildings and appendages and of the dis- 
trict generally,- to advise with and counsel the district boards 
in relation to their duties, and particularly in relation to the 
construction, warming and ventilation of school houses and the 
improving and adorning of the school grounds, and to recom- 
mend to the school officers and teachers the proper studies, dis- 
cipline and management of schools. 

The object of the superintendent's visits is set forth with sufficient 
clearness in the law. It remains for him to make his visits helpful 
to the schools. A formal call of a few minutes' duration can serve 
no beneficial purpose, and should not be considered a sulficient per- 
formance of the superintendent's duty in this regard. 

The superintendent should keep a record of his observations. The 
information thus obtained should .serve as an aid in passing judgment 
upon the qualifications of teachers, and should also form the basis of 
association work. Without it the superintendent must necessarily be 
a stranger to the needs of his schools, and will not be able to advise 
school boards wisely, or to direct the work of teachers intelligently. 

3. To direct, after proper examination, the district board to 
make any alteration and repairs which shall, in his opinion, 
be necessary to the health, comfort and progress of the pupils, 
and to abate any nuisance in or upon the premises, provided 
the same can be done at an expense not exceeding twenty-five 
dollars. 



100 SCHOOL LAWS OP WISCONSIN. 

4. To make an order in concurrence with the chairman of 
the town board in which any school-house is situated which they 
shall deem unfit for school purposes and not worth repairing, 
declaring such fact and reciting the reason therefor. They 
shall deliver such order to the clerk of the district and trans- 
mit forthwith a copy thereof to the clerk of the town and also 
to the state superintendent. Such order shall take effect from 
its date unless within thirty days after it is delivered to the 
district clerk the same shall be reversed by the state superin- 
tendent for cause shown ; and from the time said order shall 
take effect the district shall not share in any apportionment of 
the school fund income for any school kept in any building so 
declared to be unfit for school purposes. 

5i. To report annually to the board of supervisors of his 
county the condition of the schools under his supervision. 

6. To receive from the town, city or village clerk the ab- 
stracts of the reports of the district clerks required to be made 
by law and to transmit the same to the state superintendent; 
and before the first day of May in each year to transmit to th(; 
state superintendent the name and postoffice address of each 
town clerk in his district, and from time to time such othci 
facts relating to education in his district as the state superin- 
tendent shall require. 

7. To organize and conduct at least one institute for the in- 
struction of teachers in each year, and to advise in all questions 
arising under the operation of the school laws in his district. 

Teachers' county institute fund. (Chapter 476, Laws of 
1905.) Section 1. There is hereby appropriated from the 
general fund in the state treasury the sum of nine thousand 
dollars, which shall be known as a teachers' county institute 
fund aiid shall be used under the direction of the county or dis- 
trict superintendent in defraying the necessary expenses of 
conducting annually one or more teachers' institutes for the in- 
struction of the teachers of his county or district in school man- 
agement, in methods of teaching, and in the branches taught in 
the common schools, and in compensation for lectures at such 
institutes when said lectures are given by other than the con- 
ductors or the county or district superintendent. 

Section 2. No money shall be paid iby the county or district 
superintendent of schools for the services of any instructor or 
lecturer or to any person from this county institute fund, un- 



THE COUNTY AND THE CITY SUPERINTENDENT. IQl 

less said person is the holder of a certificate signed by the state 
superintendent, certifying that the committee on institutes of 
the board of regents of normal schools approve of such person 
as a competent institute conductor. 

Section 3. The sum ppovided for in section 1 of this act shall 
be distributed among the counties of the state in just proportion 
to the number of teachers actually required and employed in 
the territory under the supervision of the county or district 
superintendent in giving instruction in the schools of said 
county or superintendent district for a term of not less than 
seven [eight] months during each year, unless failure to main- 
taiu such school or schools for such term shall have been caused 
by the destruction of' the schoolhouse or by the order of the 
school district board, or the local or state board of health, on 
account of the prevalence of contagious disease. 

Section 4. The county or district superintendent of schools 
shall between the first and tenth days of July in each year make 
a statement upon oath to the state superintendent, giving the 
exact number of teachers in all the public schools of his district 
when they are all in session. When the sworn statements from 
all the county or superintendent districts hTive been received it 
shall be the duty of the state superintendent to apportion the 
fund mentioned in section one of this chapter, among the differ- 
ent counties of the state in proportion to the number of legally 
qualified teachers actually engaged in teaching under the pro- 
visions and restrictions of this chapter, and certify said sum to 
the secretary of state, who shall thereupon draw^ his orders up- 
on the state treasury in favor of the different county or district 
superintendents for the sum so certified. 

Section 5. The county or district superintendent shall keep 
an itemized account of all the expenditures made from the fund 
in his superintendent district; said account to accompany the 
statement provided for in section 4 of this act. 

8. (As amended by Chapter 290, Laws of 1901.) To divide, 
his district into examination districts bounded by town lines 
and containing not more than four towns each when the num- 
ber of schools in his district, including graded schools, shall 
exceed one hundred and fifty; but to form not less than four 
examination districts if the number of schools is less than one 
hundred and fifty; not les.s tlian three if the number is less 
than one hundred; to hold in each examination district in each 
year, at least one meeting for the examination of teachers, and 
at least three others at intervals of three months, at the county 



102 SCHOOL LAWS OP WISCONSIN. 

seat or some convenient and central place in the county, two 
of wliich shall be in first and second grade branches; provided, 
the co'unty superintendent, by and Avith the advice and consent 
of the state superintendent, may modify the number and 
boundaries of the examination districts, the number of exam- 
inations in first and second grade branches, and may fix the 
times and places for holding the examinations for second and 
first grade certificates; to furnish 'each district clerk in the 
sam.e a written notice of each meeting, to be posted by him in 
some conspicuous place in the district. Such notice shall con- 
tain the names of the towns embraced in the examination dis- 
trict to which it relates, and the time, place and objects of the 
meeting. The examination of the teachers shall be uniform in 
the superintendent districts, shall be public and shall be eon- 
ducted by oral and written questions and answers. Whenever 
for any cause satisfactory to the county superintendent any 
person desiring a certificate as a teacher shall be unable to at- 
tend upon such examinations he may be examined at any time 
fixed by him, and if found qualified by law to teach may re- 
ceive a certificate of the proper grade, which shall remain in 
force until the next regular examination in such inspection 
district. 

School board conventions. (Chapter 222, Laws of 1909, 
amending Chapter 105, Laws of 1905.) 9. The county or dis- 
trict superintendent of schools shall annually call and hold at 
least one school board convention for his superintendent dis- 
trict, at the county seat or some other convenient place, for the 
purpose of consultation, advice, and instruction upon matters 
pertaining to the management of the schools. The county 
superintendent may determine the number of days each con- 
vention shall be in session, provided no convention shall be 
held for more than two consecutive days. Each district clerk 
shall, and the director and treasurer may, attend such con- 
vention. Each member present shall be allowed two dollars 
for each day's attendance at the convention, provided his cer- 
tificate of sittendance shall show that he was present at each 
session of the convention, and mileage at the rate of three cents 
per mile each way, going and returning to and from said meet- 
ing, said sum to be paid from any moneys in the school district 
treasury not otherwise appropriated. Such per diem and mile- 
age shall be in full payment of all expenses incurred by each 
member while in attendance at the convention. The county 
superintendent shall keep a record of the attendance of all 



THE COUNTY AND THE CITY SUPERINTENDENT. 103 

members at each morning, afternoon, or evening session of the 
convention during the days the convention shall be in session, 
and shall issue to .each member in attendance a certificate set- 
ting forth the actual attendance of each of caid members, which 
shall be filed with the school district clerk and serve as a basis 
or evidence for drawing the necessary warrant upon the district 
treasury. 

Deputy county superintendent. (Chapter 321, Laws of 
1901.) Section 1. The county superintendent of schools of 
any county or superintendent district may, by and with the 
consent of the county board, appoint a deputy, provided he 
has under his jurisdiction not less than one hundred schools. 
Such deputy shall at the time of his appointment hold at 
least a first grade county certificate and shall have taught in 
the public schools of the state for a period of not less than 
eight months. Notice of such appointment shall be filed with 
the county clerk, and the county board. of supervisors at any 
regular or at any special meeting may appropriate an annual 
salary of not more than six hundred dollars for services ren- 
dered by such deputy, under the direction of the county super- 
intendent of schools. The deputy shall under the direction of 
the county superintendent be authorized to perform all the 
duties now required of the county superintendent, except the 
certification of teachers. The deputy shall be subject to re- 
moval by the county superintendent, notice of such removal 
to be filed in the office of the county clerk. 

The word "school" defined. (Chapter 256, Laws of 
1909.) Section 461s. The singular form of the word "schools" 
as used in section 461r shall relate to a public school only and 
shall be construed to be a cclleetive body of pupils assembled in 
a room which is wholly or principally under the control, man- 
agement, direction and instruction of a legally qualified teacher 
who is made wholly or chiefly responsible for the control, man- 
agement, direction and instruction of sucli pupils and whose 
duty it is to keep a complete and special register for snch room 
or department. 

Attendance on convention. Section 461a. The county 
superintendent shall attend annually at least one convention of 
county superintendents called and held by the state superin- 
tendent for the purpose of consultation, advice and instruction 
upon matters pertaining to supervision and management of 



104 SCHOOL. LAWS OF WISCONSIN. 

public schools. His necessary actual expenses for traveling 
from his residence to the place of holding the nearest and most 
accessible convention and returning thereto and for board and 
lodging while in actual attendance thereon shall be paid by the 
county, and bills for such expenses shall be audited and allowed 
by the several county boards upon the presentation of the same 
with the certificate of the state superintendent attached thereto 
showing that the claimant attended such convention for the 
number of days specified in the bill; provided, not more than 
one such account shall be paid in each year. 

Not to teach, etc. Section 4616. No county superintend- 
ent of schools, except in counties where his salary is less than 
eight hiindred dollars, ' shall engage in teaching during the 
term for which he is elected nor engage in any profession or 
occupation, nor shall he absent himself from the county or 
district for which he is elected to engage in any occupation, 
profession or pursuit during the term for which he is elected 
for such time or in such manner as to interfere with the proper 
discharge of his duties as such. A violation of any of the pro- 
s^isions of this section shall subject the offender to removal from 
office. 

Residence and office. Section 461c. When a county seat 
is located in an independent city having a separate superin- 
tendent of schools or a county shall be divided into two super- 
intendent districts, the county superintendent may reside in 
such county seat and keep an office in the public building or 
other place provided therefor l)y the county. 

County superintendent — Eligibility. Section 461cc. 
(Chapter 46, Laws of 1905.) A person shall not be ineligible 
to the office of county superintendent of schools on account of 
residence in cities of the third and fourth class within the ter- 
ritorial limits of any such district. 

Superintendent's report. Section 461^. The county su- 
perintendent shall annually make and file with the county clerk 
a statement, verified by his affidavit, giving the names of all 
persons examined by him since the beginning of his term or 
since the date of his last statement, together with the dates 
when such persons were examined. He shall also embody in 
such statement the names of all persons to whom certificates 
have been issued upon papers written in another superintend- 



THE COUNTY AND THE CITY SUPERINTENDENT. IQij 

ent's district and the dates when such certificates were issued 
and also the names of all g-raduates of high schools whose di- 
plomas he has countersigned, together with the dates of coun- 
tersigning. At the expiration of his term of office he shall file 
with the county clerk a similar sworn statement, covering the 
time from the close of his last regular series of examinations 
to the close of his term, and shall embody in such statement 
a summary, giving the number of persons in each of the three 
classes herein named and of all the per.^ons so reported by him 
to the county clerk during his term of office. 

Teachers' examination fee abolished. (Clmpter 52, Laws 
of 1905.) Section 1. Chapter 27 of the statutes of 1898 is 
hereby amended by striking out sections 461e, 461f, 461h, 461j 
also by striking out all of section 461g after the word "office" 
where it first occurs in line fifteen of said section. 

Section 2, Renumber sections 461g, 461e, 461i, 461f; 461k, 
461g. 

The sections named in tlais chapter related to the care and use of 
examination fees paid by teachers. 

Institute instructors. Section 461/. No money shall be 
paid for services rendered as an instructor in any institute to 
any person unless he holds a certificate signed by the state su- 
perintendent certifying that the committee on institutes of the 
board of regents of normal schools approves of said person as 
a competent institute instructor. Nor shall any person be em- 
ployed by any coimty superintendent as institute conductor or 
lecturer who is engaged in publishing text-books or dealing in 
school supplies or who is an agent or employee of any indi- 
vidual or company thus engaged, or who is proprietor or man- 
ager of or in any way pecuniarily interested in any teachers' 
employment agency or bureau ; nor shall the committee on 
teachers' institutes of the board of regents of normal schools 
approve of any such persori for service in institutes provided 
for in section 461/, (now Chapter 476, Laws of 1905), nor 
shall any such person be employed as instructor or lecturer in 
any institute supported in whole or in part by the state. 

Superintendent's dutj- as to deaf and blind children. 

Section 461^'. It shall be the duty of each county and city su- 
perintendent of schools to send to the superintendent of the 
state school for the deaf at Delavan and to the superintendent 
of the state school for the blind at Janesville the address of 



106 SCHOOL LAWS OF WISCONSIN. 

parents with the name and age of each deaf or blind child 
known to be in his county or city, and to inform parents, guard- 
ians and custodians of deaf mutes and blind children in his 
county or city respecting the several schools for deaf mutes 
and the blind in the state and the conditions of admission to 
them ; and for this purpose the superintendents of such insti- 
tutions shall provide each such superintendent with sufficient 
printed information and with the names and residences of all 
deaf mutes and blind children known to be in his county or 
city. And each such superintendent shall include in his an- 
nual report to the county board of supervisors or the city 
board of education a statement of the number of deaf mutes 
and of blind children of school age in such county or city then 
receiving an education, or the number of each not receiving an 
education, and of the number of personal visits he has made 
during the year upon the parents, guardians or custodians of 
such children to induce them to give such children a proper 
education. 

Examination for superintendents' certificates. Section 
461L The board of examiners for state certificates shall, at 
the time of holding the regular examinations provided for by 
law, examine all applicants for the county superintendent's 
certificates herein provided for, upon the branches upon which 
examination is now required for a first-grade county (certificate, 
and also upon school law -and the organization, management 
and supervision of district schools. Such board shall, in ad- 
dition to the examination provided for by law. hold in the 
month of July in each year three such examinations simul- 
taneously at three different points in the state, to be determined 
by the state superintendent, which shall be chosen with refer- 
ence to the accommodation of applicants in different parts of 
the state. Each of the three examinations shall be held under 
the supervision of a member of the board of examiners, but the 
scope and character of the examination shall be previously de- 
termined by the board of examiners and the state superintend- 
ent. Printed questions shall be prepared on each subject upon 
which the applicant is required to be examined, and the board 
of examiners shall examine the papers written by applicants 
and file all papers so written in the office of the state superin- 
tendent. All persons passing such examination to the satisfac- 
tion of such board, and who shall furnish satisfactory testimo- 
nials of moral character to the board, shall, upon its recom- 
mendation, receive from the state superintendent the county 



THE COUNTY AND THE CITY SUPERINTENDENT. 107 

superintleiid.'ent's certificate, which, together with the eight 
months' experience in teaching in the public schools provided 
for in section 702a, shall constitute a legal qualification to hold 
the office of county superintendent of schools. It shall also 
legally qualify the holder to teach in any public school in the 
state for which a first-grade county certificate is a legal quali- 
fication. Such certificate shall remain in force until revoked 
by the state superintendent according to law. The provisions 
of law for payment of expenses and per diem of members of 
the board of examiners while conducting examinations for state 
certificates shall extend to the examinations herein provided 
for. 

The certificate provided for by this section, together with eight 
months' successful experience in teaching, constitutes a legal qualifi- 
cation to hold the office of county superintendent. It also legally 
qualifies to teach in any public school in the state for which a first 
grade county certificate is now a legal qualification, and remains in 
force during the life of the holder, unless sooner revoked by the state 
superintendent. It also qualifies the holders as principal of any state 
graded school. See comment under section 702a. 

An applicant for the county superintendent's certificate will be per- 
mitted to begin his examination at any regularly appointed meeting, 
but must complete it before the corresponding examination in the en- 
suing year. Within the time herein fixed, re-examination will not be 
required upon branches in vv^hich a satisfactory standing has been at- 
tained. 

Satisfactory written testimonials of moral character must be fur- 
nished to the examiners at the time of the first examination. 



108 SCHOOL LAWS OP WISCONSIN. 



Y.— REPOETS. 



Report of district clerk. Section 462. It shall be the 
duty of the district clerk, between the tenth and fifteenth days 
of July in each year, to make and transmit to the town, city or 
village clerk a written report, dated on the tenth day of July 
of such year, signed hy him and verified by his afSdavit, show- 
ing: 

First. The number, names and ages of children, male and 
female designated separately, over the age of four and under 
the age of twenty years, residing in the district, and the names 
of their parents, guardians or other persons with whom such 
children resided, respectively, on the last day of June preced- 
ing. But no such children residing in, held or cared for at 
any charitable or penal institution of this state shall be in- 
cluded in such enumeration or report ; and whenever the state 
superintendent shall receive information that any such children 
have been enumerated in the school census of any school dis- 
trict included in the reports made to him, on the basis of which 
apportionment of money from the school fund income is made, 
he may require from the district clerk or the secretary of the 
board of education of said district a verified statement of the 
whole number of children of school age residing in the district 
not excluded by the provisions of this section, in such form and 
manner as the said superintendent may prescribe. Unless the 
certificate herein provided for shall be made no money shall 
be apportioned for the benefit of said school district. 

Second. The whole number of children, males and female;^ 
designated separately, between the ages of four and twenty 
years taught in the district school during the year for which 
such report is made by teachers duly qualified. 

Third. The number attending school during the year under 
the age of four and the number over the age of twenty years. 



REPORTS. 109 

Fourth. The whole time, in days, any common school has 
been taught in the district, including holidays, and the whole 
number of days such school has been taught by teachers quali- 
fied according to law, including holidays, and the days the 
teachers may have attended an institute during the year while 
the school was in session for which no deduction in wages was 
made by the district board. 

Fifth. The names of all teachers employed during the year, 
the number of days taught by each, including holidays, and 
the monthly wages paid to each, and the time allowed any 
teacher for attendance on any institute for which no wages were 
deducted. 

Sixth. The amount of money received from the town treas- 
urer during the year, designating separately the amount re- 
ceived from apportionment of the school fund income, the 
amount received from tax levied by county board of supervis- 
ors, the amount received from tax voted by the district, and 
the amount received from all other sources during the year, 
and the manner in which the same has been expended, showing 
separately the expenditure of school money received from the 
state. 

Seventh. Such other facts and statistics in relation to the 
schools, public or private, in such district as the state superin- 
tendent may from time to time require. The clerk of each 
joint school district shall report to the town clerk of each town 
a part of which is embraced in such district the number of 
children residing in such part in the manner set forth in this 
section, and the remainder of the items specified in this section 
shall be embraced in the report made to the town in which the 
schoolhouse is situated. He shall also report the amount of the 
indebtedness of the district. 

Annual reports — School district clerks to meet with 
town clerks. (Chap. 441, Laws of 1907, amending 462a, stat- 
utes of 1898) Section 462a. In addition to the duties of the 
clerks of the several school districts of the state relating to tak- 
ing the census of the school children as now provided by law 
said clerks shall also report the names of the children in their 
respective districts and the age of each of them over the age of 
four and under the age of twenty years. School district clerks 
shall also meet with the town clerk of the town in which the 
sehoolhouses in their respective districts are located at a time 
and place specified in a notice given by the town clerk, for the 
purpose of perfecting the annual school district reports. Such 



110 SCHOOL LAWS OF WISCONSIN. 

clerks sliall also report the amount of the indebtedness of 
their respective districts. 

The purpose of this amendment to section 462a is to not only secure 
reports more nearly complete irom the diiierent districts and to pre- 
vent errors, Dut it is also hoped that hereaiter all reports will be more 
promptly piaced in the nands oi the county superintendenc. une faulty 
or deiayea district repoit not only deiays the tywn cierK's report but it 
also delays tne -vvorit of the county superintenaent and oftentimes the 
compilation or reports in the state superintenaent's office. 

ine annual report of the district cierK to the town cierk is of spe- 
cial importance, as it forms the basis upon which all public money is 
apportioned and also furnishes the information that guides the legib 
lature m subsequent enactments. The greatest care must oe exercised 
by clerks of Joint districts in order that the children in some part oi 
tne district are not reported or counted twice; once to the cierk of 
the town in which the schoolhouse is located and also to the clerk of 
the town in which the other part of the district lies. This is a crim- 
inal offense. See sections 4549-4550. 

l^'or the purpose of securing accurate and complete information, 
blanks are prepared by the state superintendent and are transmitted 
to district clerKs through town clerks. Specific instructions are 
printed on these blanks to aid in collecting and reporting the required 
items. A thorough study of them should be made in connection with 
the provisions of this lavv' prior to making the report. No effort should 
be spared to oDtain and report every item tor which the blanks pi'ovide. 

The law requires the name and age of each child who has passed 
the fourth anniversary of his birthday, and has not reached the twen- 
tieth, to be reported; also the names of their parents, guardians or 
other persons with whom they resided on the last day of June pre- 
ceding. These are items that can be obtained with certainty only by 
a visit to each family in the district. The law requires the clerk to 
take the census in this manner. In the enumeration of children mere 
boarders and lodgers are not to be included; but persons who devote 
a part of their time to service to pay for their board and lodging while 
the rest is spent in attendance at school, and who have no other legal 
residence, are considered members of the families with which they 
reside. Children of school age who may be employed for a limited 
time in one district and whose parents reside in another district are 
to be included in the census of the district in which their parents re- 
side. Care should be taken that the same children are not enumerated 
in two districts. (See comments on sections 428 and 430.) 

The clerk of a joint school district must report in the manner above 
stated the number of children of school age residing in each part of his 
district to the town clerk of the town in which such part is situated. 
A partial report blank is furnished for this purpose. To avoid report- 
ing the same child to more than one town clerk, the census of each 
part of a joint district should be taken upon a separate blank which, 
when completed, should be sent to the clerk of the town in which 
such part of the district lies. In no instance should the whole number 
of children in a joint school district be reported to any one of the 
town clerks to whom a report is made. 

Several items are required for the annual report, which are to be 
obtained from the school register, among which are the number of 
children that have attended school during the year, the whole number 
of days school was taught by a legally qualified teacher, the whole num- 
ber of days of attendance of pupils at school, etc. To facilitate the 
work of making the annual report, clerks should see that the register 
is properly kept and the footings made at the close of the term. Sec- 



REPORTS. Ill 

tion 460 provides a remedy, a resort to which may be had in case the 
teacher refuses to perform his duty. 

The clerk's annual report must contain an exact summary of the 
financial report which Section 444 requires the treasurer to make at 
the annual meeting. This report includes all items of receipts and 
all items of expenditures made during the year ending on the thirtieth 
day of June preceding. The proper test of its correctness consists in 
comparing the sum of the items of receipts with the sum of the items 
of expenditures. Their difference should equal the amount of money 
on hand on the date mentioned above. Unless this is true, the state- 
ment is wrong, and should be corrected before transferring it to the 
report blank. 

Reports should be in the hands of town clerks as early as the fif- 
teenth of July. Any failure to make the report within the time speci- 
fied, results in great inconvenience to the officers through whose hands 
it must pass, and subjects the school district to the risk of forfeiture 
of its claim to public money. When the failure to comply with the 
requirements of the law relating to the annual report is due to wilful 
neglect of the clerk, he becomes personally liable to the district for 
the loss suffered in consequence of his neglect. (See section 498.) 

To entitle a district to share in the apportionment of the school 
fund income, it must be shown that at least eight months' school, of 
twenty days' each, taught by a legally qualified teacher, was maintained 
during the preceding year. Legal holidays are included. These are 
New Year's day, the tv/enty-second of Februry, the thirtieth of May, 
the Fourth of July, Labor day, Christmas day, and Thanksgiving days 
appointed by national or state authorities. Section 2577, W. S., pro- 
vides that whenever a legal holiday falls upon Sunday, the succeeding 
Monday is a legal holiday. When a legal holidey occurs on Saturday 
or during vacation, it cannot be counted as a day taught. (See com- 
ment on section 459.) 



Reports — Town clerks to make to county superintend- 
ents. (Chapter 185, Laws of 1907, amending section 463, 
Statutes of 1898.) Section 463. Each town clerk shall, on or 
before the first day of August in each year, make and transmit 
to the county or district superintendent of the county or dis- 
trict in which his town is situated two copies of a report, stat- 
ing: 

(1) The whole number of school districts separately set off 
within the town, and the number of parts of joint districts in 
which the schoolhouses belonging thereto are located in his 
town. 

(2) The districts and parts of districts from which reports 
shall have been made within the time limited for that purpose. 

(3) The length of time a school shall have been taught 
in each such district or parts of districts. 

(4) The amount of public money received in each. 

(5) The number of children taught in each and the num- 
ber of children over the age of four and under the age of 
twenty years residing in each. 

(6) The whole amount of money received in the town for 



112 SCHOOL LAWS OF WISCONSIN. 

school purposes since the date of the last preceding report, 
setting forth separately the amount received from the state 
through the county treasurer, the amount levied by the county 
board, and the amount raised by the town at its annual meet- 
ing in. towns where the township system of school government 
has been adopted. 

(7) The amount of money raised by district tax for school 
purposes. 

(8) The manner in which said moneys have been expended 
and whether any and what part remains unexpended, with such 
other information as the state superintendent may require and 
as may be reported to him by the district clerks. 

This chapter requires the town clerli to send two copies of liis an- 
nual report to the county superintendent instead of one as heretofore. 
After the county superintendent has verified the statements as filed 
by the town clerk from the reports of the school district clerks sent 
to him, one copy of this report is to be forwarded to the state superin- 
tendent by the county superintendent. 

In towns which have adopted the "township system of school gov- 
enrnient," the report required in the foregoing section will be made 
by the "secretary of the town board of school directors, as provided 
in section 537 of the Wisconsin statutes, upon the same blanks as are 
used by town clerks in other towns." 

Superintendent's repor;t. Section 464. Each county 
superintendent shall, on or before the fifteenth day of August 
in each year, make and transmit to the state superintendent a 
report in writing, setting forth the whole number of towns in 
his district, distinguishing those from which the ^required re- 
ports have been made to him by the town clerks, and contain- 
ing an abstract of their reports, and also embracing an abstract 
of the annual report of the secretary of each free high school in 
such district and of each secretary of town board of school 
directors of towns having the township system of school gov- 
ernment, and of the clerk of each incorporated village and city 
under his supervision. Each county superintendent shall also, 
within the time above mentioned, make and deliver to the 
coimty clerk and to the county treasurer a written statement 
of the whole number of children in each town, village and city 
under his supervision over the age of four and under the age 
of twenty years returned from the districts which have main- 
tained schools for six [eight] or more months dunng the 
past year as appears from the reports of town clerks. 

* Reports from cities and villages. Section 465. The 
clerk of each city and village or the clerk of the board of edu- 
cation of each city and village under the jurisdiction of the 



REPORTS. 118 

county superintendent shall, within the time prescribed, make 
and transmit to him the reports required by section 463 ; and 
in all cities having a superintendent of schools and which are 
not under the jurisdiction of a county superintendent, such 
superintendent of schools shall make the annual report re- 
quired l)y said section directly to the state superintendent; and 
in such cities having no superintendent of schools such re- 
port shall be made by the clerk of the board of education 
thereof. 

The clerks of cities (under county superintendents) and of villages 
use the same blanks as town clerks and compile the reports of tne 
district clerk or clerks. 

Blanks and amendments to laws. Section 466. The 
state superintendent shall, on or before the first day of June 
in each year, furnish to each clerk, superintendent or other 
officer by wiiom a report should be made, blank forms upon 
which such officers shall make their annual reports; and when- 
ever any amendments shall be made to the provisions of this 
chapter he shall furnish a copy of such amendments to every 
school district in the state. 

8— S. L. 



114 SCHOOL LAWS OF WISCONSIN. 



YL— DUTIES OF TOWN, VILLAGE AND CITY 
OFFICERS AS TO PUBLIC INSTEUCTION. 



Clerk's duties. Section 467. It shall be the duty of the 
town clerk: 

1. To report to the county superintendent within ten days 
after his election or appointment his name and postoffice ad- 
dress, and likewise the name and postoffice address of each dis- 
trict clerk within ten days after the same are filed in his office. 

See Form No. 28. 

2. To see that the annual reports of the several district clerks 
are made correctly and in due form ; to file and safely keep all 
reports whatsoever made to him and all orders and notices of 
the town board relative to any school district. 

3. To record such description of school districts, and such 
orders concerning the organization, alteration or dissolution 
thereof as shall be made by the town board. 

4. To make and keep in his office a map of the town, show- 
ing the exact boundaries of all the school districts therein as 
appear from the records on file, and when a new district is 
formed to make and furnish a map thereof to the district clerk. 

5. To apportion the school money collected by the town and 
that received from the state for the several school districts of 
the town on the third Monday of March each year, or as soon 
as the same shall be collected or received by the town treasurer, 
to the several districts and parts of districts within the town 
as provided in these statutes. 

See Form No. 27. 

Further duties of the town clerk in regard to the apportionment of 
school money will be found in sections 558 and 559. 



DUTIES OF OFFICERS AS TO PUBLIC INSTRUCTION. 115 

Treasurer's duties. Section 468. It shall be the duty of 
the town treasurer: 

1. To apply for and receive from the county treasurer all 
moneys apportioned for the use of common schools in his town 
and to pay the same together with all moneys collected in the 
town for the support of the schools, to the treasurers of the 
districts entitled to receive them upon the order or apportion- 
ment of the town clerk. 

2. To pay to the district treasurer on demand all school dis- 
trict taxes raised m each district and collected by him, and the 
amount of all school district taxes returned to the county treas- 
urer of his county as delinquent, whenever the same shall have 
been paid to him by said county treasurer or whenever he shall 
receive credit from the county treasurer for such delinquent tax 
or any part thereof on account of any demand or claim due 
from such town to such county. 

3. On or before the second Monday of March in each year 
to certify to the town clerk the amount of school money in his 
hands to be apportioned by said clerk, and immediately upon 
the receipt of any money from the school fund income to cer- 
tify the same to the said clerk for apportionment. 

(Subdivision 4, Sec. 468, Statutes of 1898, as amended by 
Chap. 119, Laws of 19Ul,j On the second iVlonday in June 
in each year to make and forward to the clerk of each school 
district in whole or in part in his own town a certified state- 
ment of the amount of money paid by the town treasurer dur- 
ing the year next preceding to such district treasurer, specify- 
ing the date and amount of and the account upon, which each 
such payment was made. 

5. If the county treasurer shall neglect or refuse to pay over 
the school money which by law should be paid to the town 
treasurer, he shall commence and prosecute an action on the of- 
ficial bond of such county treasurer for the recovery of such 
money. 

The town treasurer shall hold, subject to the order of the several 
district treasurers of his town, all district taxes collected by him. 
Also all money raised by taxes levied upon the town by the county 
board of supervisors, and all money raised by the town in addition 
thereto, and pay the same over to the several district treasurers, ac- 
cording to the apportionment made by the town clerk under the law. 
He will also receive from the county treasurer the amount apportioned 
by the state superintendent to his town, out of the income of the 
school fund, and pay. the same over to the district treasurers, accord- 



116 SCHOOL DAWS OF WISCONSIN. 

ing to the apportionment made by the town clerk. The town treas- 
urer shall also receive all money paid on account of delinquent taxes, 
and pay the same over to the proper district treasurers. No school 
taxes except delinquent taxes will be returned, if the law is complied 
with. 

It is the duty of the town treasurer to notify the town clerk of any 
money which he holds subject to apportionment by said town clerk, 
and to inform district treasurers promptly of any funds in the town 
treasury belonging to the respective districts. 

District treasurers are not required to accept any taxes or school 
funds from the town treasurer in anything but cash. 

The certificate required to be made on or before the second Monday 
in March, in each year, must state specifically the several amounts re- 
ceived from town and county tax, and the amount of income unappor- 
tioned which remains in the town treasury; it must also include any 
money apportioned the previous year, which has not been paid over to 
the district treasurers. Reference is here made to section 557. 

The purpose of the certified statement to the district clerk of the 
amount of money paid by the town treasurer during the year next 
preceding", to the district treasurer, is to give the district clerk the 
data upon which settlement with the district treasurer can be made 
in time for report at the annual meeting. As the annual meetings are 
now held on the first Monday in July, the statement should be fur- 
nished earlier as the law now demands. The treasurer can not law- 
fully charge or retain any fee or percentage on any money which he 
pays out or which comes into his hands from any state apportionment 
or from any donation or loan from any source. See sections 4549-4550. 



ASSESSMENT AND COLLECTION OP DISTRICT TAXES. 117 



YIL-ASSESSMENT AND COLLECTION OF 
DISTRICT TAXES. 



Assessment. Section 469. All school district taxes, un- 
less otherwise specially provided by law, shall be assessed on 
the same kind of property as taxes for town and county pur- 
poses, and all personal property which, on account of its loca- 
tion or the residence of its owner, is taxable in the town shall, 
if such locality or residence be in the school district, be like- 
wise taxable for school district purposes. 

Valuation of realty. Section 470. Whenever any real es- 
tate in any school district shall not have been separately valued 
in the assessment roll of the town, and the valuation of such 
real estate cannot be definitely ascertained from such assess- 
ment roll, the town clerk shall estimate the value of the same 
in proportion to the valuation affixed in said assessment roll 
to the whole tract of which such lot or piece of land forms a 
part. 

Equalization of taxation in joint school districts. 

(Chapter 90, Laws of 1907, amending chapter 307, Laws 1905, 
amending section 471, Statutes of 1898.) Section '471. 1. 
The relative valuation of taxable property in the several parts 
of any joint school district shall not be equalized except as 
herein provided. At any time prior to the tenth day of July 
of any year any three freeholders resident in that part of any 
town, city or village forming a part of any joint school district, 
may file with the clerk of such district a petition praying for 
an equalization of the relative valuation of taxable property in 
the several parts of such district. The clerk shall thereupon 
and prior to July 20th of such year notify in writing the asses- 
sor of every town, city and village in part embraced in such dis- 
trict. 



118 SCHOOL LAWS OP WISCONSIN. 

2. The said assessors shall meet at the district schoolhouse 
with their respective assessment rolls at two o'clock in the 
afternoon of the last Saturday in July, thereafter for the 
purpose of comparing and investigating the assessed valuation 
of the taxable property in the several parts of such district 
separated by town, city or village lines and shall determine 
whether the assessed valuation of such property on the assess- 
ment rolls be just or not. 

3. If considered unjust, they shall determine the relative 
aggregate valuation of said property in the parts of the dis- 
trict in the several towns, cities or villages comprising it and 
the proportion of district taxes to be levied upon the prop- 
erty in each of the several parts. If necessary, the assessors 
may view and inspect the taxable property in the different 
parts of the district and may examine the owners and other 
persons under oath as to the value thereof. The school dis- 
trict clerk shall attend such meeting and keep a record of the 
proceedings. A majority of such assessors shall constitute a. 
quorum for the performance of the duties prescribed in this 
section. 

If any assessor shall be absent from such meeting in at- 
tendance upon a like meeting in some other joint district, and 
shall give information of the fact to such clerk, or if foi 
other reasons there shall be no quorum of assessors, the meet- 
ing shall be adjourned to such time as may be necessary to 
enable all or a majority of such assessors to be present, and 
in such case the clerk shall give notice of such adjournment 
to each assessor not then present in time to enable him to at- 
tend such adjourned meeting. Further adjournments may be 
taken if necessary, until the duties imposed by this section 
shall have been performed; and if for any reason there shall 
be failure to perform such duties without adjournment to a 
fixed time, the clerk shall call another meeting at a time fixed 
by him; provided, that -final action by said assessors under 
this section shall be taken not later than the first day of No- 
vember in the same year. The town, city and village clerks 
shall allow the assessors to take and use the assessment rolls 
in the discharge of their duties under this section. 

5. If the assessors cannot agree, they shall call to their aid 
the chairman of the town, the president of the village or mayor 
of the city so in part embraced in the district, and if the 
last named officers with the assessors cannot determine the 
valuation of the property and the proportion of taxes to be 



ASSESSMENT AND COLLECTION OF DISTRICT TAXES. 119 

levied thereon, they shall call to their aid the chairman of an 
adjoining town whose vote shall decide the controversy. The 
determination, when made shall be certified in writing to the 
district clerk. 

6. If any assessor or other officer shall refuse or neglect 
to perform the duties hereby imposed, or to act when called 
upon as herein provided, he shall forfeit not less than ten nor 
more than one hundred dollars. 

This chapter is of large interest to the electors and officers in joint 
school districts. It repeals the act of the legislature of 1905, which 
made it the duty of the district clerk of every joint district to call a 
meeting of the assessors of the different municipalities, parts of which 
were comprised M'ithin the joint district limits, for the purpose of 
equalizing the assessed valuation of the real and personal property as 
between the different parts. While this law was effective in its opera- 
tion, there was much complaint that it was too expensive; that in 
many cases there was no change to be made in the assessed valuations 
and that it made a large and unnecessary drain upon the joint dis- 
trict treasury. This chapter practically does away with those feat- 
ures. Hereafter joint meetings of the assessors and clerks will be 
held only when the application provided for above is made. The clerk 
will not be entitled to any compensation and the assessors must rely 
for their compensation upon the treasuries of their respective towns, 
and the equalization when once made under this act will continue to 
be the basis for apportionment of school tax levy until a new equali- 
zation IS petitioned for and made. 

Statement as to taxes, section 472. Each district clerk 
shall, on or before the third Monday of November in each year, 
deliver to the town clerk a statement in writing, verified by his 
affidavit, showing the amount of taxes voted to be raised at the 
last annual meeting or at the first meeting after the organiza- 
tion of the district, or both, as the case may require, and all 
of the taxes voted at any special meeting held during the then 
next preceding year, and also the amount of tax therefor voted 
to be collected in such year, if any, for the annual payment 
of any loan, and also the amount to be paid by such district, 
if any, under the provisions of section 421. In case of a joint 
district he shall deliver to the clerk of each town, city or village 
in which any part of the district is situated, a statment so veri- 
fied showing the proportion of such taxes to be assessed in that 
part of the district within such town. If such proportion shall 
not have been determined as provided in the last preceding sec- 
tion it shall l^e ascertained from the valuation contained in the 
last assessment rolls of the respective towns, city or village ; 
and to that end the clerk of each such municipality shall, on 
or before the last Monday in September in each year, deliver 
to the district clerk a certified statement of the valuation of the 



120 SCHOOL. LAWS OF WISCONSIN. 

real and personal property in that part of snch district lying 
therein as the same appears from said assessment roll. 

See Forms Nos. 30 and 31. 

Assessment by town clerk. Section 473. The town 
clerk shall assess the taxes so certified upon the property liable 
thereto, placing the same in a separate column in the next tax 
roll of his town, whenever so certified, before he shall have de- 
livered the roll to the town treasurer for collection, although 
after the third Monday in November; if any such shall not be. 
assessed in the next tax roll after being voted it shall be as- 
sessed in that of the next succeeding year. Such taxes shall be 
collected or returned delinquent by the town treasurer and col- 
lected by the county treasurer in all respects like other taxes. 

Upon the delivery to him of sucli statement, the town clerk should 
give the district clerk a certificate that he has received the same, stat- 
ing" the amount of the tax, and the time when received, which certifi- 
cate should be filed in the office of the district clerk. 

The law contemplates tha: in joint school districts the district taxes 
shall be apportioned between the several parts of the district lying in 
different towns, not on the basis of valuations fixed by the assessors 
of such several parts, but on the basis of the equitable relative valua- 
tion of such several parts, to be ascertained and determined by the as- 
sessors in joint meeting as directed in said section Jill. 



BORROWING MONEY. 121 



VIIL— BORROWING MONEY. 



When; security. Section 474. Whenever upon any un- 
usual exigency any school district shall, before the annual 
meeting, vote a special tax to be collected with the next levy, 
the district may' by vote authorize the district board to borrow, 
for a period not exceeding one year, a sum not exceeding the 
amount of such tax, and by such vote set apart such tax when 
collected to repay such loan ; and thereupon the district board 
may borrow such money of any person, and on such terms, 
and execute and deliver to the lender such obligation therefor 
and such security for the repayment, including a mortgage or 
pledge of any real or personal property of the district subject 
to the directions contained in the vote of the district, as may 
be agreed upon and not prohibited by law. 

The district may, at any time before the annual meeting, upon any 
unusual exigency, vote a special tax to be collected with the next 
levy (notice of such purpose being duly given, as provided in section 
427), and the district may authorize the board to borrow the same 
amount for immediate use. 

Loans for buildings; how authorized. Section 475 (as 
amended by Chapter 172, Laws of 1905). 

Section 475. For the purpose of aiding in the erection of a 
school house any school district, whether organized under gen- 
eral law, special law or charter, may, by vote of the electors at 
any annual or special meeting, calhd for that purpose authorize 
the district board, school board or board of ecUication to borrow 
money, to an amount which shall not in any way exceed the 
limitations now provided by general law. The resolution to be 
voted upon shall be in writing, specifying the amount to be 
borrowed, the rate of interiest, and the time and manner of pay- 
ment, which shall be in annual installments, or otherwise, the 
last of which shall be payable in not .exceeding fifteen years 
from the first day of February next ensuing. Such resolution 



122 SCHOOL LAWS OF WISCONSIN. 

shall be read to the meeting and the vote taken thereon by bal- 
lot; The ballots shall be written or printed, those in favor of 
the loan: ''For the loan," those opposed: ''Against the loan." 
The resiolution and the vote shall be recorded, and if adopted 
by a 'majority, the district board, school board or board of edu- 
cation shall be thereupon authorized to borrow such sum of any 
person on such terms, and execute and deliver to the lender such 
obligation therefor and such security for payment, including a 
mortgage or pledge of any real or personal property of the dis- 
trict, subject to the direction contained in the resolution voted, 
as may be agreed upon, not prohibited by law, and shall also 
levy a tax to be annually eoUeicted thereafter, suiBcient to pay 
the interest annually on such loan and the annual installments 
of the principal, provided to be paid in each year. 

Any bonds issued by any such, scliool district, to secure any loan 
which bonds shall have been issued in conformity to law, including 
the provisions of this section, as amended, are hereby declared to be 
and are valid claims and liens against the school district so issuing 
the same. 

Use of funds — Vote final. Section 476. The money bor- 
rowed under authority of either of the last two preceding sec- 
tions shall be paid into the district treasury and be expended 
only for the purposes for which it was voted or borrowed. 
After any such loan shall have been made no power shall ex- 
ist to rescind or reconsider any such vote or obstruct the col- 
lection of such tax; and the district treasurer shall apply every 
such tax when received by him exclusively to the payment of 
such debt so far as necessary to discharge the amount to which 
such tax was devoted. 

The special provisions of the law as to borrowing money to aid in 
building a schoolhouse, should be carefully examined and complied 
with; likewise those contained in the last preceding section, which 
apply to both the sections preceding it. Particular care should be 
taken to notify the electors, as provided in section 427, and every op- 
portunity should be given for a fair and full expression of the will of 
the people. 

The resolution to be voted on at the meeting should be carefully 
drawn up. The district board has no authority to levy a tax except 
as provided in sections 435a, 437, and 539 except in cases of free high 
school districts. , 

Loan to refund indebtedness. Section 476a. Any school 
district may, by vote at an annual or special meeting, author- 
ize the district board to borrow money for the purpose of re- 
funding its indebtedness. A written resolution shall be read 
at such meeting specifying the amount to be borrowed, the rate 



BORROWING MONEY. 123 

of interest and the amount of each installment of principal and 
time when it shall be paid. The last installment shall be pay- 
able in not exceeding twenty years from the time the indebted- 
ness was originally contracted. The vote on such resolution 
shall be taken by ballot, and voters favoring its adoption shall 
east a ballot on which shall be the words "for the loan," those 
apposed a ballot on which shall be the words "against the loan." 
If a majority of the votes cast are in favor of the loan the 
board may borrow the specified amount on such terms as may 
be agreed upon conformably with such resolution and not pro- 
hibited by law, and execute the bonds or other obligations of 
the district for such sum. The district shall levy a tax to be 
collected annually thereafter sufficient to pay the annual inter- 
est on such loan and the installment of the principal to be paid 
in any year. After any such loan shall have been made such 
vote shall not be rescinded or reconsidered, nor shall the collec- 
tion of such tax be obstructed, and the tax when collected shall 
be applied exclusively to the payment of such indebtedness. 
The money so borrowed shall be paid to the treasurer and shall 
be expended solely for the purpose for which it was borrowed. 

This law relates only to refunding loans previously made, not to 
loans made in the first instance by school districts, and authorizes such 
districts to extend the period for twenty years during which the loan 
is to be paid. 

Borrowing money for teachers' wages, etc. Section 1. 
(Chapter 40, Laws of 1901.) Any school district may, by vote, at 
any annual, or lawfully called special meeting, authorize the dis- 
trict board to borrow money for a period not exceeding six 
months for the purpose of paying teachers' wages and usual 
school expenses, not exceeding the amount of district taxes voted 
for such purposes at such meeting, to be collected with the next 
levy. 

Section 2. Any district board, after being so authorized 
may borrow such money of any person for not exceeding six 
months, and deliver to the lender thereof an order on the dis- 
trict treasurer for the amount so borrowed, payable on or be- 
fore six months after date thereof and drawing interest from 
date thereof not exceeding seven per cent, per annum. 

(Chapter 342, Law of 1901.) For the purposes expressed 
in section 474 of the statutes of 1898 and chapter 40 of the laws 
of 1901, any high school district board is hereby authorized and 



124 SCHOOL LAWS OF WISCONSIN. 

empowered to borrow money whenever directed by the electors 
of such high school district assembled at a meeting regularly 
called and held for that purpose, pursuant to the provisons of 
section 427 of the statutes of 1898. The payment thereof shall 
be provided for by said board by a tax to be raised and certified 
as provided in this section. 

This chapter provides for a special meeting of the electors of a 
free high school district and gives them power to authorize the high 
school board to borrow money to be applied to carrying on the high 
school only. This chapter will also be found in that j)art of this vol- 
ume treating of the high school law. 

School District Loans — How Made. (Chapter 216, Laws 
of 1907, amending section 261, Statutes of 1898, as amended by 
chapter 129, Laws of 1899 and chapter 123, Laws of 1901.) 
Section 261. Every loan to a school district may be made for 
such time not exceeding fifteen years, and of such amount as 
together with all other indebtedness of such district, shall not 
exceed five percentum of the last preceding assessed valuation 
of the property in such district, not less than two-thirds 
of which valuation shall be on real estate, and not exceeding 
in any case twenty-five thousand dollars, as may be agreed 
upon ; the principal shall be payable in equal annual install- 
ments from a time fixed by said commissioners, with interest 
at a uniform rate of three and one-half per centum per annum, 
paj^able annually. No such loan shall be made until proof be 
filed in the office of said commissioners of the complete per- 
formance on the part of such district of each and every act 
hereinafter required to precede the same. 

The provisions of the above chapter should be carefully followed. 
School officers and parties interested should always recognize that in 
all cases where a loan is to be made from the trust funds of the state 
it is absolutely necessary that the proceedings shall be in strict accor- 
dance with the statute. If there are any defects or flaws arising 
through oversight or carelessness, the application will be denied by 
the commissioners and it will be necessary, if the loan is to be made, 
to commence all proceedings anew. This tends to increase the irrita- 
tion and lack of harmony and agreement upon school questions com- 
mon to some school districts. 

The law of 1898 limited the time of loans to school districts to 
ten year* and the amount to ten thousand dollars, and fixed the rate 
of interest at four per cent. The law of 1899 changed the time to 
fifteen years and fixed the rate of interest at three and one-half per 
cent. The law of 1901 raised the amount that may be borrowed by 
any one district to twenty-five thousand dollars. Carefully study all 
laws and directions given in this volume for borrowing money befort, 
application for a loan is made. All errors must be avoided. 

Borrowing money — Cities. (Chap. 387, Laws of 1901, 
amending Chap. 81, Laws of 1899.) All cities of the third and 



BORROWING MONEY. 125 

fourth class operating under a special or general charter, are 
hereby authorized to levy annually a special tax for school pur- 
poses, not exceeding three and one-half mills on the dollar of 
the assessed valuation of all the real and personal property in 
said city for that year, in addition to the total tax now author- 
ized to be levied by such cities. 

Loans from the trust funds. Section 1. (Chapter 72, 
Laws of 1901.) The annual interest and installments of prin- 
cipal of all loans granted hereafter from the trust funds of the 
state to counties, towns, villages, cities or boards of education 
and school districts, shall be payable 'on the first day of Feb- 
ruary of each year after the granting of such loans. 

Application for. SecTtion 262. Before applying for such 
loan, every school district shall authorize such application by 
a vote of a majority of the legal voters of said district voting 
on such question, and if at a special meeting, the object of such 
meeting shall be clearly stated in the notice thereof, and such 
district shall not thereafter rescind said tax, reconsider such 
vote, or in any wise hinder, delay or postpone the levy and col- 
lection of the tax so voted, and shall not expend the money so 
raised or loaned for any other purpose. Application for such 
loan shall be made by the district board of such school district 
in writing, stating the amount required, the assessed valuation 
of the taxable real property of such district, and the total as- 
sessed valuation of the taxable property cf such district as shown 
by the last assessment roll ; and if such district be a joint district 
such assessed valuation in its several parts separately, so that 
the valuation of so much thereof as lies in each town of which 
it is a part may be readily known; and the total amount of all 
the other indebtedness of such district and the facts in detail 
in respect to the holding of the meeting and passing the votes 
required as aforesaid, and shall be accompanied by a correct 
map or plat of such district. Such application and map shall 
be recorded in the office of said commissioners; and such ap- 
plication and the record thereof and such statement shall be 
conclusive evidence of the facts therein stated. All such appli- 
cations shall be acted upon by the said conunissioners in the 
order of time in which they shall be filed. 

Loans to schools under township system. Section 262a. 
Loans to the board of school directors of any town in which the • 
township system of schools exists shall be made only when ap- 



126 SCHOOL LAWS OP WISCONSIN. 

plication therefor shall have been authorized by a majority of 
the electors of the town voting on the question at an annual 
town meeting, or at a special town election called and held in 
the manner provided by law. The question of authorizing an 
application for a loan shall be submitted in the form of a reso- 
lution which shall state the amount for which application shall 
be made and the time for payment of the loan. The vote on 
the adoption of such resolution shall be by ballot. The applica- 
tion to the commissioners shall be signed by the president, vice- 
president and secretary of such board, and the certificates of in- 
debtedness required as evidence of the loan shall be signed by 
them. The town treasurer shall receive and receipt -for the 
money and pay it out as other moneys belonging to the school 
fund of the township are paid out, but only for the purpose for 
which the loan was made. Except as herein provided the 
statutes governing loans to school districts shall, so far as ap- 
plicable, control loans made to such boards. 

The granting of loans from the trust funds of the state for the 
purpose of aiding in the erection of school houses is frequently delayed 
on account of errors and omissions in the application and accompany- 
ing papers. To aid school district officers to avoid errors and facili- 
tate the granting of loans, the following statements are given: 

1. The law requires that the authority to borrow money must be 
given by vote at an annual or lawfully called special meeting. 

2. That the resolution to be voted on shall be in writing and shall 
specify the amount to be borrowed, the rate of interest, and tlie time 
and manner of payment. 

3. The resolution to be voted on shall be read to the meeting and 
the vote thereon taken by ballot. 

4. The ballots shall be written or printed; those in favor, "for the 
loan;" those opposed, "against the loan." 

5. The resolution and the vote shall be recorded. 

6. if the resolution is adopted the meeting shall also levy a tax to 
be annually collected to pay the interest and principal of such .loan 
as they become due. 

Section 427, Wisconsin statutes of 1898, gives the law relating to 
special school district meetings. That statute and the comments 
thereon should be very carefully studied before any steps are taken 
toward calling a special meeting for the purpose of securing a loan 
from the state. In order that the essential points may not escape your 
notice, they are also placed here: 

1. The special meeting must be called on the toritten request of at 
least five legal voters. 

2. Notices for such special meetings must be posted in four or more 
public placed in the district; one of which shall be afiixed to the outei 
door of the schoolhouse at least six days before the date on which the 
meeting is to be held. 

3. If a loan is to be authorized, tax levied, or debt contracted, notice 
of the meeting must be served on at least three-fourths of the legal 
voters (men and women), either personally or by written notice left 
at their place of residence, stating the time and place, and objects 
of the meeting, and specifying the amount proposed to be voted, at 
least six days before the time appointed therefor, exclusive of the 
day on which the meeting is to be held. 



BORROWING MONEY. 127 

4. A record of the proceedings of the special meeting should show 
that every requirement of the statutes has been observed. 

The foilOAving outline which may be modified to conform to the 
facts, will serve as a guide to aid in making a sufficient record of the 
proceedings of the special meeting, and a certified copy of such record 
must accompany all applications made to the Commissioners of Public 
Lands for loans from trust funds: 

Minutes of the proceedings of a special meeting of school 

district No of the town of in 

county, Wisconsin, held at the schoolhouse in said district on the.... 
day of , 19 , at o'clock in the noon. 

The meeting was called to order by Mr was 

elected chairman and the school district clerk acted as clerk. 

Mr , school district clerk, read an affidavit showing that 

the meeting was called on the written request of at least five legai 
\^oters of the district, and that notices thereof were posted in the 
manner prescribed, for calling the annual meeting, and that at least 
three-fourths of the legal voters (men and women) had been notified 
either personally or by a written notice left at their places of residence, 
stating the time, place and objects of the meeting, and specifying 
the amount proposed to be voted, at least six days before the time 
appointed therefor, exclusive of the day on v/hich the meeting was to 
be held, which said affidavit is in the words and figures following, 
to-wit: 

County. — ss. 

, being first duly sworn, on oath, deposes and says that 

he is the duly elected and acting clerk of school district No 

of the town of , in county, Wisconsin; that 

on the day of , 19 .... , a request in writing was 

filed with this deponent, requesting' deponent to call a special district 

meeting on the day of , 19 .... , at o'clocli 

in the noon, which said request is in the words and figures 

following, to-wit: 

(Here give request in full.) 

That thereafter on the day of , 19 .... , deponent 

posted notices in public places in said district, one of which 

was affixed to the outer door of the schoolhouse in said district, of 
which the following is a true copy: 

(Here give notice in full.) 

That on the day of 19 this deponent notified 

the folloTv^ing named legal voters of said district personally, by read- 
ing the said notice to them: 

(Here give names of voters personally notifiied.) 

And on the same day deponent notified the following named legal 
voters of said district by leaving a true copy of said notice at their 
places of residence: 

(Here give names of voters so notified.) 

That the persons on whom such notice was served as aforesaid 
constitute at least three-fourths of all the legal voters of the district. 



Subscribed and sworn before me this day of ., 19. . 

Justice of the Peace. 

The following resolution was read to the meeting: 
"Resolved, That the school district board be and it is hereby author- 
ized to make application for a loan of dollars from the 

state trust fund, payable in years, with interest a,t the rate 



128 SCHOOL LAWS OP WISCONSIN. 

of 5^2 per cent, per annum, payable annually (See chapter 72, as 
printed above) for the purpose of building a schoolhouse." 

The question being on the adoption of the resolution, a vote was 
taken by written ballots, which resulted as follows: 

For the loan 

Against the loan 

Majority for the loan 

The following resolution was then offered and adopted: 
Resolved, That a sum sufficient to pay the interest and principal of 

the loan as it becomes due, be and the same is hereby levied upon 

the taxable property of the district. 

I, , clerk of the school district above named, do hereby 

certify that the above and foregoing is a true copy of the record of 
the proceedings of the meeting therein referred to; that I have com- 
pared the same with the original record in my custody and that it 
is a true copy thereof and of the whole of such original record. 

Dated ,19 



District Clerk. 



The form of request to the clerk to call a special meeting is given 
in this connection for the convenience of school officers and electors. 
The electors may at the meeting vote to borrow a smaller sum than 
that named in the call but cannot vote to borrow a larger amount. 

Request to District Clerk to Call a Special Meeting. 

To , Clerk of School District No 

of the Town of 

Sik:-^You are hereby requested to call a special meeting of the above 

District on the day of , 19. . , at . . : o'clock in 

the noon for the purpose of voting on the following propo- 
sitions, viz.: 

1st. To authorize the School Board to make application for a loan 

of dollars from the State Trust Funds, payable in 

years, with interest at the rate of 3Vj per cent, per annum, payable 
annually, for the purpose of building school house. 

2nd. To raise by tax a sum sufficient to pay the principal and in- 
terest of such loan as it becomes due. 

Signed : 



The form of notice for a special school meeting given herewith is 
one adopted by the land commissioners, and the district clerk should, 
as far as possible, make copies to be posted, agree with this form. 

It must not be forgotten that copies of the notice must be served 
upon at least three-fourths of the electors (men and women) of the 
district, at least six days before the meeting and exclusive of the day 
on which the meeting is to be held. Any failure to follow the direc- 
tion given in section 427, of this code, is likely to invalidate all pro- 
pge^dings of the electors at said special meeting. 



BORROWING MONEY. 129 



(Form of Notice for Special School Meeting.) 

Notice is hereby given to the qualified voters of School 

District No , Town of , that a special school 

meeting of said district will be held at , in said dis- 
trict on the day of 19 .... , at o'clock P. M., 

for the purpose of voting the following propositions, viz.: 

1st. To authorize the school board to make application for a loan 

of dollars from the State Trust Funds, payable in 

years, with interest at the rate of oMi per cent, per annum, payable 
annually, for the purpose of building school house. 

2d. To raise by tax a sum sufficient to pay the principal and interest 
of such lean as it becomes due. 

(Signed) , 

District Clerk. 

Dated 



Liability for loans ; change of boundaries ; taxes ; joint 
districts ; officers' duty. Section 263. All the taxable prop- 
erty in any school district which has heretofore obtained or 
shall hereafter obtain any loan from the .state shall stand 
charged for the payment of the principal and interest thereof; 
and the boundaries of such district shall not be so altered as to 
exclude therefrom any land included therein at the time of 
making such loan, until such loan shall be fully paid, without 
the consent of said commissioners and upon such terms as they 
shall prescribe ; and there shall be annually levied upon the tax- 
able property of such district, besides all other taxes, a tax suf- 
ficient to pay the annual interest and annual installments of 
principal of such loan, as hereinafter provided. Whenever a 
joint school district shall make any such loan, the clerk of such 
district shall notify in writing the town clerks of the several 
towns of which such district is composed, of such loan and the 
terms thereof ; and thereafter the town clerk of each town shall, 
on or before the second Monday of September in each year, until 
such loan be paid, transmit to the secretary of state a. statement 
certified by him of the valuation of all taxable property belonging 
to that part of such district which lies in his town according to 
the last assesmient roll; or if the same shall have been equalized, 
as provided in section four hundred and seventy-one, such 
equalized valuation thereof. The secretary of state shall in 
every year furnish to the county clerk of each county, in which 
lies any school district or part of district from which any such 
payment is to become due the amount to be levied upon such dis- 
trict, or, if a joint district, upon each such part of such district 
as lies in any town in such county, at the same time that he fur- 
nishes that officer a stateiiient of the state ta,x. In apportion- 
ing such tax to the parts of a joint school district lyitig in sep- 
9— S. L. 



130 SCHOOL LAWS OF WISCONSIN. 

arate toAvns, the secretary of state shall take, as the true valua- 
tions the valuations of the taxable property stated in the appli- 
cation for such loan, until amended by the certified statement? 
aforesaid of the town clerks of all the towns in which such joint 
district lies. The county clerk, on receiving such statement, 
shall include the amount due from such district or part of dis- 
trict in his apportionment of state taxes to the town ; but it shall 
be carried out in a separate column and the district from which 
it is due shall be specified. The town clerk shall charge and 
carry out such amount on his tax roll to the district or part of 
district to which it belongs, in a separate column, and the tax 
shall be collected and paid over with and in the same manner 
as the state tax. 



SCHOOLHOUSE SITES. 131 



IX.— SCHOOLHOUSE SITES, 



How obtained. Section 477. (Chapter 171, Laws of 1909, 
amending- section 477. Statutes of 1898.) Whenever a school 
district shall have designated by a majority vote of the electors 
thereof present at an annual meeting, or at a special meeting 
called for that purpose, a schoolhouse site, or an addition 
thereto, and shall be unable to obtain the same on account of 
the refusal of the owner to sell or lease the same for a just and 
reasonable compensation, or on account of his being a non-resi- 
dent or unknown, the district board when directed so to do by a 
vote of the electors of such district meeting shall make appli- 
cation to the town board of their tov^na to locate and establish 
the site or any addition thereto so de3ignated; provided that 
every such schoolhouse site or any schoolhouse site obtained by 
purchase or grant shall be located and established abutting on a 
public highway or street, and that no schoolhouse hereafter to 
be erected shall be erected on any site unless such site abuts on 
a public highway or street. 

Notice to land owner. Section 478. Whenever any such 
application shall be made to the town board said board shall 
make and sign a notice in writing of such application, contain- 
ing a description of the land upon which it is proposed to lo- 
cate such a site or addition and the time and place when and 
where they will meet to decide upon the same. Such notice 
shall be served or caused to be served by the district derk upon 
all the occupants of such land and all the Owners ihereof wliO 
are known and are residents of this state H least six days pre^ 
vious to the day fixed for such meetirig. Such notice shall he 
served by delivering a copy thereof to each such occupaiit and 
Owner or by leaving the same at their respective residences Avith 
Some persoii of suitable age and discretiori ; and if the owner or 
Owiiers of said land be unknowii to said board or shall reside 



132 SCHOOL LAWS OF WISCONSIN. 

without tliis state then such notice may be served by publish- 
ing the same in the newspaper published nearest said land once 
in each week for six successive weeks next before the said day 
of meeting. 

Compensation, Section 479. The town board shall meet 
at the time and place fixed in said notice, and upon due proof of 
the service of [or] publication of said notice they shall locate 
and establish such site or addition for said district. They shall 
cause an accurate survey and description to be made, and fix 
and award the compensation to be made to the respective owners 
for the same, including all damages respectively sustained by 
such o^vners by reason of such taking of said lands, and within 
ten days thereafter make out and sign duplicate certificates con- 
taining a statement of their action upon such application, an ac- 
curate description of the land taken and the amount of com- 
pensation and damages awarded to each of said owners, one of 
which shall be delivered to the occupant or owner of the lands 
so taken, if known and a resident of this state, and the other 
together with the proofs of publication or service of said notice 
and such survey to the clerk of said district, who shall cause 
said certificate to be recorded in the office of the register of deeds 
of the proper county; provided, that said board may, in their 
discretion before agreeing upon their award, adjourn from time 
to time not exceeding in all ten days. 

Payment. Section 480. The sum of money so awarded by 
said board shall be paid to the owner of the land upon which 
such site or addition is located, or in case the owner is a non- 
resident or unknown, or refuses to accept the money, it shall be 
deposited with the treasurer of the district to the order of the 
owner of said land; said district shall not occupy said land 
without the consent of the owner thereof until such money shall 
be paid, tendered or deposited as aforesaid. 

Appeal. Section 481. Any person aggrieved by the de- 
cision of the town board in the award of damages or otherwise 
may, within twenty days after filing their duplicate certificate 
with the clerk of such district, appeal therefrom to the circuit 
court of any county in which such site or addition or any part 
thereof is situated, by filing with such clerk a notice of appeal, 
specifying all the grounds of his appeal and paying to such 
clerk one dollar for state tax and one dollar for making returns 
thereto. Within twenty days thereafter such district clerk 



SCHOOLHOUSE SITES. 133 

shall deliver to the clerk of said circuit court a certified copy of 
such certificate together with such notice of appeal, with the 
date of service thereof indorsed thereon and pay to him one 
dollar state tax ; and thereupon the clerk of said court shall en- 
ter an action in his court record in which the said appellant 
shall be plaintiff and the school district defendant. The issue 
in said action shall be the legality of all the proceedings taken 
by the school district and town board in taking the lands of the 
plaintiff for such schoolhouse site or addition thereto which are 
set forth in the notice of appeal as grounds therefor, and the 
amount of compensation and damages to which he is entitled 
therefor. Such issue shall be tried without further pleadings as 
other issues of fact are tried, and judgment thereon be ren- 
dered and enforced as in other personal actions in such court; 
provided, that when the legality of the proceedings is not made 
an issue or is sustained and the plaintiff does not recover a- 
larger sum for damages than was awarded to him, he shall not 
recover but shall pay costs. 

Quantity of land. Section 482. No schoolhouse site shall 
contain more than one acre unless with the consent of the 
owner of the land taken therefor. All land so taken against 
the will of the owner, when it shall cease to be used as a school- 
house site or addition, shall revert to the original owner, his 
heirs or assigns; and no land shall be so taken that may not be 
taken for highway purposes without the consent of the owner 
thereof. 

Proceedings by joint districts. Section 483. If such ap- 
plication be made by a joint district it shall be made to the town 
boards of the several towns in which such district is situated, 
and such town boards shall act together as one board in all pro- 
ceedings as hereinbefore prescribed. 

Infant's lands, how obtained. Section 484. Whenever 
any school district shall locate a site for a schoolhouse upon any 
land OAvned by an infant or in which an infant has an interest 
the circuit or county court of the county in which the land is 
situated may, upon application of the parent or guardian of 
such infant, authorize such parent or guardian to execute a 
perpetual lease of such site not exceeding one acre in quantity, 
and when any such land is held in trust for an infant his 
trustee may in like manner apply fiir authority to make such 
perpetual lease. All such leases shall vest in the lessee the in- 
terest of such infant and of his trustee in such land so long as 



134 SCHOOL LAWS OP WISCONSIN. 

the same is occupied for school purposes. Such authority shall 
not be granted unless it shall be made to appear satisfactorily to 
said court that [the] premises are needed for schcol purposes, 
that the said school district is willing to pay therefor a con- 
Kideraticn deemed adequate by the court and that the interest 
of such infant will not be prejudiced by rea;on of said lease, 
and before making such order the court shall require the person 
authorized to make such lease to give a bond to account for and 
pay over the consideration received therefor as in cases provided 
hy law for the sale of the lands cf minors. 

The foregoing sections embody the laws in force as to the establish- 
ment of schcol house sites. The town board is to be called upon, not 
to select or designate a site in any case, but to locate and establish 
the same cr any addition thereto, when the district cannot obtain it 
on reasonable terms, or because the o^ner is a non-resident. 

All sites now selected must be on a public highway. In cases where 
school houses are net en a public highway, the supervisors may be 
compelled to lay a highway to the house. See chapter 318, Laws of 
1909. 



LIBRARIES. 135 



X.^ LIBKAPJES. 



Reference works and miscellaneous books for school use may be ob- 
tained in three ways: 

First. — Under subdivision 10 of section 430, which gives the school 
district meeting power to appropriate certain sums of money for the 
school district library. 

Second. — Under section 486, which allows two or more districts to 
unite in purchasing and maintaining a joint library. 

Third. — Under section 486a, known as the township library law. 
Nearly all the school district libraries of the state have been secured 
under this law, which has proved the most efficient and has secured 
the best results. 

Librarian; actions. Sbution 485. The clerk of the dis- 
trict or such other person a 5 the legal voters shall appoint shall 
be the librarian and have the care and custody of the district 
library under the supervision of the district board. All actions 
relating to such libraries or for the recovery of any penalties 
lawfully established in relation thereto shall be brought in the 
name of the proper school district. 

Joint libraries. Section 486. The legal voters of any two 
or more adjoining school districts may, with the approval of the 
town board, unite their libraries and library money and may 
purchase a joint library or additions thereto for such districts, 
to be selected by the district boards thereof or by such person as 
they shall designate, and to be under charge of librarians to be 
appointed by such district boards. Every such joint library 
and its appurtenances shall be vested in and all actions relating 
thereto shall be. brought in the names of all the districts owning 
such joint library. In case such district shall desire to divide 
any such joint library such division shall be made by the di- 
rectors of the districts ov^oiing the same, or by the town super- 
visors if such directors cannot agree; and any school district 
may donate and sell any book or books belonging to the district 
library to the town in which it is situated to form a part of the 
town library. 



136 SCHOOL LAWS OF WISCONSIN. 

Township libraries. Section 486a. (Chapter 164, Laws of 
1909, amending section 486a, Statutes of 1898, as amended by 
chapter 272, Laws of 1899, as amended by chapter 417, Laws of 
1905.) 1. The treasurer of every county m this state shall 
withhold annually from the apportionment received from the 
school fund, or other income for school districts, an amouat 
equal to ten cents per capita for each person of school age re- 
siding in towns, villages and cities of the fourth class in the 
county, said money to be expended for the purchase of library 
books, as hereinafter provided. 

2. In the certificate of apportionment of the common school 
fund made annually by the state superintendent to the coutiT> 
clerk and county treasurer of each county there shall be in- 
cluded a statement of the number of persons of school age in 
each town, village and city of the fourth class in the county. 

3. Between the first days of April and September of each 
year, the county, district or city superintendent of schools shall 
provide for the expenditure of all moneys withheld by the 
county treasurer for the purchase of library books, said books 
to be selected from the list prepared by the state superintendent 
and to be distributed among the districts under his supervision 
the schoolhouses of which are located in his county or superin- 
tendent district, in the proportion to the amount of money with- 
held from each. In case a school district is located in more than 
one county or superintendent district, the superintendent of the 
county or superintendent district in which the schoolhouse is 
located shall provide for the expenditure of the total sum with- 
held from such joint school district, in accordance with the pro- 
visions of this act. 

4. The superintendents of any two adjoining counties shall on 
or before December first of each year by conference or corre- 
spondence determine upon the balance of township library 
money which must be transferred from the treasury of one 
county to the treasury of the other county in order that the total 
amount of township library money over which each county 
superintendent has control for the purposes of this act may be 
in the treasury of the county- of which he is superintendent. 
The said county superintendents shall thereupon sign and trans- 
mit to the county clerks of the two counties concerned, a joint 
written statement of the balaneei which is to be paid over from 
one courty to the other, together with a detailed statement of 
how the balance was determined. The county clerk of the 
county from which the balance, as above determined, is due, shall 
on or before March first draw an order upon the county treas- 



LIBRARIES. 137 

urer for tlie amount of said balance and in favor of the county 
treasurer of the county to which the balance is due. The county 
treasurer shall forthwith transmit said sum to the county treas- 
urer in whose favor the order is drawn and the latter shall credit 
it to the township library fund of the county of which he is 
treasurer! No order from the county board of supervisors shall 
be deemed necessary to effect this transfer of township library 
funds as above provided. 

5. In case a school district under the jurisdiction of a city 
superintendent is joint between a city of the fourth class and 
one or more towns the city superintendent .and the county super- 
intendent having jurisdiction over the territory adjacent to the 
city shall on or before February first of each year, in a joint 
statement, certify to the county clerk and county treasurer the 
number of persons of school age in that part of the city district 
outside of the city limits. The city superintendent of a city of 
the fourth class shall provide for the expenditure of the town- 
ship library money based on the total number of persons of 
school age in the city district, including such persons in all 
parts of the city district Avhe;her resident vdthin or without the 
city limits. 

6. Between December first and February first of each year 
the teacher or principal of every school under the jurisdiction 
of a county, district or city superintendent of a city of the 
fourth class shall report to the proper superintendent on blanks 
supplied by said superintendent such information regarding 
the condition and needs of the school library as may be called 
for by such superintendent. Such report shall include an in- 
ventory of all book 3 which have been added to the school library 
under the previsions of this act since March first last preceding 
the date of the report. Before receiving from the district clerk 
an order for the last month's salary of the school year the 
teacher or principal of each school shall report to the district 
clerk and the county, district or city superintendent such in- 
formation regarding the school library as the proper superin- 
tendent may direct.. 

7. It shall be the duty of the county or district superintend- 
ent to * * * keep on file in his office a list of books * * * 
in the library of each school district and to arrange such lists 
by districts and towns in numerical and alphabetical order. 
* * * Guided by such lists and other information which may 
have been obtained regarding the school libraries of the school 
districts 'under his supervision, the county or district superin- 
tende^t shall make a selection for each school district under his 



138 SCHOOL LAWS OF WISCONSIN. 

supervision, the schoolhouse of which is located in his superin- 
tendent district, the books to be taken from the lists prepared 
by the state superintendent. It shall also be his duty to furnish 
each town clerk, village clerk and clerk of cities of the fourth 
class under his jurisdiction with a list of the books designated 
for each district. The county or district superintendent shall 
also certify to the county clerk the names and numbers of the 
books selected for each town, village or city of the fourth clast> 
under his supervision, the price fixed in the list issued by the 
state superintendent to be attached in each case and the total 
cost of such books to be correctly summarized and indicated. 
City superintendents of cities of the fourth class shall in like 
manner certify to the county clerk the cost of the books selected 
for the schools under their jurisdiction. A duplicate copy shall 
be furnished to the company or firm selected by the state de- 
partment or commissioned to furnish the books, periodicals, etc., 
for township libraries. The company or firm shall upon re- 
ceipt of the list from the county, district or city superintendent 
fill the order for each town, village or city of the fourth class, 
as directed, said order when so filled to be sent to the town, vil- 
lage or city clerk. The town,, village or city clerk shall imme- 
diately upon the receipt of the books from the company or firm 
compare the order so filled with the list in his possession and 
shall immediately report to the county, * * * district or 
city superintendent. If such report is satisfactory and discloses 
no error or irregularity in the niunber, kind or condition of the 
books received, the county, * * * district or city superin- 
tendent shall notify the county clerk to draw an order upon 
the county treasurer for the cost of the books so furnished to 
each town, village or city. If the report is unsatisfactory the 
proper superintendent shall forthwith report the fact and the 
cause thereof to the company or firm supplying the township 
library books. Such company or firm shall forthwith take 
steps to rectify any error or irregularity which may have been 
made in the filling of the order for the books in question. 

8 Within three days of the last day of each month the super- 
intendent of each county, district and of each city of the fourth 
class shall so notify the county clerk, including all orders for 
which satisfactory report-s have been made by the town, village 
and city clerks. It shall be the duty of the county clerk imme- 
diately upon receipt of such no'ification from the county, dis- 
trict or city superintendent to draw an order upon the county 
treasurer for the amount so certified. The county treasurer 
shall thereupon immediately * * * issue a draft in favpr 



LIBRARIES. 139 

of the company or firm for the amount so certified. No order 
from the county board shall be deemed necessary in the pay- 
ment of the amount due for books purchased as above specified. 

9. The express charges and postage on books purchased under 
the provisions of this act shall be paid by the town, village or 
city receiving them. 

10. The town clerk shall immediately on receipt of the books 
purchased under the provisions of this act distribute such books 
to the clerks of the various school districts or, if the school is in 
session, to the teacher or principal of such school. The district 
clerk or the teacher, as the case may be, shall, at the time the 
books are delivered, sign and deliver to the town clerk a re- 
ceipt specifying therein the title", of the books and the date en 
which they were delivered. Such books shall go to each school 
district as are designated by the county or district superintend- 
ent. For this service the town clerk shall be paid such sum, not 
exceeding two dollars per day. out of the fundi of the township, 
as shall be determined by the town board of supervisors. Vil- 
lage and city clerks who receive books under the provisions of 
this act shall without unnecessary delay, transmit such books to 
the principal or superintendent of the schools of the village or 
city. 

11. The beard of directors of any free public library and the 
school board or the board of education of any school district, 
town, village or city in which a free public library is provided 
for and maintained, may make such exchanges and loans of 
books as said officers shall agree upcn for the purpose of in- 
creasing the efficiency of both libraries and insuring the best 
service to the schools and all citizens. 

12. The state superintendent shall have authority to suspend 
the operation of this act in any school district, ^ ^* * or 
sub-district within which there is maintained a free public li- 
brary, or for any school district or sub-district located wholly 
or in part in any incorporated village or city within which there 
is maintained a free public library, provided there has been ex- 
pended by the board of said free public library in the purchase 
of library books suitable for children in the elementary school 
grades, during the year ending June 30th next preceding the 
date of the application for suspension, a sum equal to the sum 
which would be released by the suspension of the township 
library law, as certified by the Secretary of the Free Library 
Commission, the amount so expended by said board of the free 
public library for any one year not to be made the basis of such 
suspensiop. for more than one year, and * * * provided 



140 SCHOOL LAWS OF WISCONSIN. 

further tlian the clerk or secretary of the board of education of 
the school district for which the operation of the township 
library law is suspended, the county, district or city superin- 
tendent concerned and the county clerk and county treasurer of 
the county in which the district is located shall be notified of 
such suspension by the state superintendent. 

Cities of the fourth class (cities having a population of 10,000 or 
less), and all villages are within the provisions of this law. 

The rules and regulations directing and governing the administra- 
tion of township library affairs will be found in the library catalogue 
or list published by this department. 

Committee to make contracts with firm or dealer. Sec- 
tion 1. (Chapter 243, Laws of 1905.) The state superintend- 
ent of public instruction, the secretary of the Wisconsin free 
library commission and the attorney general are hereby consti- 
tuted a committee whose duty it shall be to secure bids and make 
contracts with some responsible dealer or firm for the purpose 
of securing prompt and efficient service in supplying books and 
periodicals to the schools of the state under the provisions of 
the township library law. 

Section 2. Whenever the Hit of books for township libraries 
prepared by the state superintendent under section 486a, Stat- 
utes of 1898, is completed, typewritten copies thereof shall be 
furnished to dealers or firms making applications therefor. The 
committee shall enclose with each copy of the list so sent out a 
clear and complete statement of the conditions under which the 
books and periodicals are to be supplied; the date on which the 
bids, must be placed on file and opened and give such other in- 
form.ation as may be necessary to insure a clear and unque'^- 
tionable understanding on the part of all parties concerned. 

SBcrriON 3. The committee shall require from each dealer or 
firm making a bid a deposit of $1,000 with the state treasurer 
as an evidence of gcod faith, said sum to be returned as soon 
■as the successful bidder is determined, provided that the sum 
deposited by the successful bidder shall not be returned until 
the bond required by the committee conditioning a faithful per- 
formance of the terms of the contract is filed with the secre- 
tary of state.. In case the successful bidder shall fail or re- 
fuse to fi'C the bond required by the contract the $1,000 depos- 
ited with the state treasurer shall become forfeit to the state 
and there shall be no recovery thereof. 

Section 4. The committee shall require a bond from the 
successful bidder in the penal sum of $10,000 with good and 
responsible sureties for the faithful and reasonable perform- 



LIBRARIES. 141 

ance of tlie terms of the contract, said sum to become forfeit to 
the state in case of failure. 

Section 5. As soon as the successful bidder has been de- 
termined, all officers upon whom shall fall the duty of purchas- 
ing the books for township school libraries shall be notified in 
a circular setting forth the conditions under which the books 
are to be furnished, the name and _ address of the successful 
bidder and a statement to the effect that no money withheld 
from the common school apportionment for the purchase of 
township library books shall be used in the purchase of books 
or periodicals from any other dealer or firm. 

Section 6. After a contract has been entered into by the 
committee on the part of the state it shall be deemed a misde- 
meanor punishable by fine to the amount of costs and the money 
expended, for any person or officer authorized by law, to make a 
purchase of books for township libraries with money withheld 
from the annual apportionment of the school fund income from 
any dealer or firm other than the dealer or firm named in the 
contract. , i ___ , _j 

Librarian and records. Section 4865. Unless the school 
district shall at the annual meeting elect some other person 
librarian, the clerk shall act as librarian and receive and have 
the care and custody of the books so distributed to the district, 
and shall loan them to teachers, pupils and other residents of 
of the district in accordance with the regulations prescribed by 
the state superintendent. The clerk shall keep a record of the 
books received from the town clerk in a book furnished by the 
state superintendent through the town clerk; but during the 
time school is in session the library shall be placed in the school 
house and the teacher shall act as librarian under the super- 
vision of the clerk or of the librarian elected at the annual 
meeting. The state superintendent shall furnislj. to each town 
clerk suitable record books for his use and the use of the several 
clerks in his town. 

Farmers' Institute Bulletins — How distributed. Sec- 
tion 486c. (Chapter 66, Laws of 1907, amending section 486c. 
Statutes of 1898.) The superintendent of agricultural insti- 
tutes shall send to each town clerk in the state a sufficient num- 
ber of bound copies of the bulletins of such institutes to enable 
him to supply each school district in his town with one copy of 
each edition thereof. The town clerks shall distribute said 
bulletins to the school libraries in their respective towns, from 



142 SCHOOL LAWS OF WtSCONSIN. 

which they shall be loaned in like manner and under the same 
regulations prescribed for the loaning of books therein. 

Previous to the passage of this law the farmers' institute bulletins 
were distributed to the town clerks from this department. Hereafter 
they will be distributed to the town clerks from the ofRce of the super- 
intendent of farmers' institutes at Madison, who has an office in the 
Agricultural College building. The law makes it the duty of the town 
clerk to distribute the copies of these bulletins to the different school 
districts in his town in order that they may be placed in the school dis- 
trict library for use by the patrons of the school. 

Librarian under township system. Section 486cZ. In 
towns having the township system of school government, all 
duties prescribed for the town clerk in regard to township li- 
braries shall be performed by the secretary of the town board 
of school directors. 



JUDGMENTS AGAINST SCHGOL DISTRICTS. 143 



XL— THE COLLECTION OF JUDGMENTS 
AGAINST SCHOOL DISTRICTS, 



Execution. Section 487. No execution shall issue on any 
judgment against a school district except upon leave of the 
court upon motion after the failure of the remedies provided 
in these statutes. 

Method of collection. Section 488. Whenever a final 
judgment shall be obtained against any school district the judg- 
ment creditor, his assignee or attorney may file with the town, 
city or village clerk a certified transcript of such judgment or 
of the docket thereof, together with his affidavit showing the 
amount due thereon and all payments, if any, and that the 
judgment has not been appealed from or removed to another 
court, or if so appealed or removed has been affirmed ; and there- 
upon such clerk shall assess the amount thereof, with interest 
from the date of its rendition to the time when the warrant foi 
the collection thereof will expire upon the taxable property of 
such district, placing the same in a separate column on the next 
tax roll; and the same shall be collected and returned as town 
taxes are and paid to the party entitled thereto. In case of a 
judgment against a joint district, a transcript and affidavit as 
aforesaid shall be filed with the clerk of each town, city or vil- 
lage in which any part of the district is situated, and such 
clerk shall assess on the taxable property of the part of such 
district situated in his town, city or village the same proportion 
of the whole amount, with interest as aforesaid, as is assessed 
on such part for the other district taxes in such year. Such 
proportion may be ascertained by the certificate of the district 
clerk or the certificate of the several town, city or village clerks 
interested to each other, showing the amount of other district 
taxes certified by the district clerk to each town, city or village 
clerk. "Whenever for any cause the amount which ought to be 



144 ^cttooL LaWs OS' WtScoNSiN. 

assessed on any such district or part of district, as above pfo^ 
vided, shall not be so assessed in the next tax roll after the filing 
of such transcript and affidavit, such clerk shall assess the same 
on the next or any subsequent tax roll within two years there- 
iaf ter. 

Effiect of appeal. Section 489. Whenever an appeal shall 
be taken from such judgment against a district and a transcript 
thereof and affidavit shall have been filed as above provided, 
the director may file a certificate of such appeal with the town, 
city or village clerk, and thereupon he shall suspend the assess- 
ment of such judgment until the determination of such appeal. 
If such judgment be thereafter affirmed, on proof thereof by 
certificate of the clerk of the appellate court, the town, city or 
village clerk shall assess the same, with interest, in the next tax 
roll. 

The property belonging to the district is not liable to levy or sale 
upon an execution. Under the rendition of any judgment against a 
school district, a transcript of the same is to be filed with the town 
clerk, or, if the distiict be a joint district, with the clerk of each 
town in which such district is in part situated. The town clerk is 
then required to assess the amount of the judgment, with interest 
thereon, in a separate column, in the next assessment roll, and the 
tax, when collected, shall be paid to the party entitled thereto. 



FREE HICH SCHOOLS. 145 



XIL— FREE HIGH SCHOOLS. 



How established.. Section 490. (As amended by chapter 
217, Laws of 1909, amending chapter 258, Laws of 1905.) 1. 
Any town, village, city, school district or sub-district * * * 
may establish and maintain not exceeding two high schools in 
the manner and with the privileges herein provided; but no 
such school shall be established or maintained unless twenty- 
five persons of school age resident of the town, city or village 
or school district, or sub-district, pass a satisfactory examination 
in the branches required to be taught in the common school and 
are prepared to begin a high school course. 

2. The question of establishing such schools may be submitted 
by the town, district, sub-district, village board or common 
council to the legally qualified voters at any annual or special 
meeting or election upon written resolution therefor proposed 
for adoption; provided that ten days' notice of such purpose 
embodying such resolution be given by postinjg five copies 
thereof in five different public places in such town, village, 
city, school district or sub- district, or by publishing such notice 
in any newspaper published in any such town, village, city, 
school district or sub-district, ten days prior to the time set for 
holding such meeting. In the case of a sub- district the meeting 
may be called by the clerk thereof. The vote shall be taken 
by ballot, and canvassed according to the statutes for conduct- 
ing elections in such municipality, those ballots in favor being 
written or printed ''for high school," those opposed, "against 
high school." If the resolution be adopted such town, district, 
sub-district, village or city shall constitute a high school dis- 
trict. But this section shall not apply to high schools already 
established. 

3. No action heretofore taken by any town, village, city, 
school district or sub-district in voting to form a high school or 
joint high school shall be invalid by reason of any defect in the 



146 School laws 6^ wiscoNsW. 

form of notice given or the time such notice shall have been 
given, posted or published; but all steps heretofore taken by 
any town, village, city, school district or sub-district in form- 
ing a high school or joint high school are hereby validated and 
declared to conform to law. 

Section 490t. (Chapter 144, Laws of 1909.) No action 
heretofore taken by the electors or officers of any town, village 
or city, school district or sub- district, in voting to form a free 
high school district, or a joint free high school district, shall be 
invalid by reason of any defect in the form of notice given, 
posted, published or served, or the manner in which such notice 
shall have been given, posted, published or served, and all steps 
and elections heretofore had and taken by any town, village, 
or city, school district or sub-district in forming a high school 
district or a joint high school district are hereby validated and 
declared to have the same force and effect as if there had been 
no irregularities or omissions in the proceedings had for the 
purpose of forming such district. 

School district electors — powers of. (Chapter 588, Laws 
of 1907, creating two sections.) Section 490a. The electors 
of lany town, village or city, school district or sub-district main- 
taining a free high school, may at any annual meeting or elec- 
tion, vote upon the question of surrendering the certificate of 
organization of the free high school and the dissolving of the 
high school district; provided, that ten days' notice of such pur- 
pose be given by posting five copies thereof in five different 
public places in such town, village, or city, school district or 
sub-district, or by publishing such notice in any newspaper pub- 
lished in any such town, village or city, school district or sub- 
district ten days prior to the time set for holding such, meeting. 
The vote shall be taken by ballot and canvassed according to 
the statutes for conducting elections in such municipality. 
Those ballots in favor of the surrendering of the certificate and 
dissolution of the free high school district shall be written or 
printed "for surrender," those opposed "against surrender." 

Joint high school districts. (Chapter 345, Laws of 1903, 

amending section 491, Statutes of 1898, as amended by section 
1, of chapter 57 of the Laws of 1899, and also amending section 
492 of the Statutes of 1898.) Section 491. Two or more ad- 
joining towns or school districts, or one or more towns or school 
districts and an incorporated village or city, when the same to- 



FREE HIGH SCHOOLS. 14t 

gether will make a district of contiguous territory, may unite 
in establishing and maintaining any such high school. The 
resolution proposing the same shall be approved and submitted 
and the notice of election signed by at least a majority of the 
supervisors of each town, the directors of each school district, 
the common council of such city and trustees of such village, 
if any, and the election shall be notified and conducted in each 
town, school district, city or village as provided in the preced- 
ing section. Such resolution shall not be adopted unless a ma- 
jority of the votes cast in each such town, school district, city 
or village, be in favor thereof. The votes shall be canvassed at 
the first election, and all subsequent elections in the several 
towns as at town meetings, in the several school districts as at 
annual school district meetings, in the city, if any, as at a char- 
ter election, and in\the village if any, as at village elections; 
and the supervisors of the several towns, directors of said school 
districts, common council of such city and trustees of such vil- 
lage shall, within one week after such election, meet and can- 
vass the votes and certify the result to the town clerk of each 
town, the clerk of each school district, the clerk of such city 
and to the village clerk of such village. If such resolution be 
adopted, the town, or towns, school district or school districts 
and city and village, so voting, shall constitute a joint high 
school district. The creation of a new town or incorporation of 
a village out of the territory included in a free high school dis- 
trict shall not dissolve nor otherwise affect such district but 
such towns or town and village shall thereafter constitute a 
joint high school district. A town, school district, incorporated 
village or city contiguous to a free high school district may be- 
come joint with such district upon the approval and submission 
of a resolution proposing the same and the terms thereof, ana 
notice of election signed by a majority of the supervisors of 
each town, directors of each school district, common council of 
each city, and trustees of each village, if any, to be affected 
and the adoption of such resolution by a majority of all the 
votes cast in each such town, school district, city or village, the 
election to be had and the result canvassed and determined in 
the manner provided herein for the organization of a joint high 
school district in the first instance. 

Certificate. Section 4:91a.. (Statutes of 1898, as amended 
by chapter 214, 1899, as amended by chapter 345, Laws of 1901.) 
Whenever a free high school shall have been established and 
maintained as provided in sections 490 and 491 for at least 



148 SCHOOL LAWS OS^ WISCONSIN. 

three [eight] months, and the proper board shall have made the 
report required by section 496 in order to obtain the aid fur- 
nished by the state in maintaining free high schools, they shall 
append thereto a certificate that such school is established and 
maintained in a district composed of a town; of a town and an 
incorporated village within the town ; of two or more towns ; 
or of two or more towns and an incorporated village in one or in 
each of them. 

State aid. Section 491&. (Chapter 257, Laws of 1909, 
amending the statutes of 1898, as amended by chapter 214, 
Laws of 1899, as amended by chapter 345, Laws of 1901.) 1. 
Upon receiving the reports and appended certificate provided 
for in section 496, it shall be the duty of the state superintend- 
ent to make a separate and distinct class of the schools thus 
established and maintained in the districts designated in sec- 
tion 491a as amended by this act, and each such school shall bt. 
entitled to receive from the general fund of the state annually, 
one-half the amount actually expended for instruction therein; 
and said superintendent shall fix the amount to be paid to each 
of said high schools and certify the same to the secretary of 
state at the time and in the manner he is now required to fix 
and certify to him the amount to be paid to high school districts; 
provided that the amount so appropriated to any high school 
having a, principal and one assistant shall not exceed nine hun- 
dred dollars, and the amount so appropriated to any high school 
having a principal and two assistants shall not exceed twelve 
hundred dollars, and the amount so appropriated to any high 
school having a principal and three or more assistants shall not 
exceed fifteen hundred dollars. 

2. The amount of any such certificate shall be paid at any 
time after the first day of December, out of the state treasury 
to the district treasurer, but the whole amount so paid shall 
not exceed fifty thousand dollars in any one year to this class 
of free high schools and if more is demanded by such districts 
they shall be paid proportionally. 

3. The secretary of state shall annually include and appor- 
tion in the state tax all such sums as shall have been so paid, in 
addition to the amount authorized to be paid in aid of free high 
schools by section 496 and in addition to all other sums levied 
for the year. 

Free high schools — Special aid for. (Chapter 571, Laws 
of 1907, amending section 491b, Statutes of 1898, as amended 



FREE HIGH SCHOOLS. 149 

by chapter 214, Laws of 1899, as amended by chapter 315, Laws 
of 1901.) Section 491b. 1. Upon receiving the reports and 
appended certificate provided for in section 496, it shall be 
the dnty of the state superintendent to make a separate and 
distinct class of the schools thus established and maintained 
in the districts designated in section 491a as amended by this 
act, and each such school shall be entitled to receive from the 
general fund of the state, annually, cne-half the amount act- 
ually expended for instruction therein ; and said superintend- 
ent shall fix the amount to be paid to each of said high schools 
and certify the same to the secretary of state at the time and in 
the manner he is now required to fix and certify to. him the 
amount to be paid to high school districts. 

2. The amount of any such certificate shall be paid at any 
time after the first day of December, out of the state treasury 
to the district treasurer; but the whole amount so paid shall 
not exceed fifty thousand dollars in any one year to this class 
of free high schools, and if more is demanded by such districts 
they shall be paid proportionally. 

3. The secretary of state shall annually include and appor- 
tion in the state tax all such sums as shall have been so paid, 
in addition to the amount authorized to be paid in aid of free 
high schools by section 496 and in addition to all other sums, 
levied for the year. 

By this act the town free high school fund has heen increased from 
tventy-five to fifty thousand dollars. The number of to^vn free high 
schools already established in the state practically exhausted the 
twenty-five thousand dollars. This additional twenty-five thousand 
dollars will, for a time at least, result in an increase of the amount 
furnished to district tree high schools, inasmuch as the surplus of the 
sum nrovided for town free high schools is by law to be placed in tht 
district free high school fund and the number of town free high 
schools already established does not require that the entire fifty thou- 
sand dollars shall be apportioned in order that the statutes relating 
to such schools may be complied with. 

This law strikes out the v ords "in towns or in towns or villages 
where no graded school exists"' so that hereafter high school districts 
comprised of an entire town or of two or more towns will share in 
greater proportion in the free high school apportionment than here- 
tofore in those cases where there are "graded" schools in the town 
high school district. 

An annual appropriation of not more than fifty thousand dollars isi. 
made to encourage the establishment and maintenance of free high 
schools in towns where the high school district is comprised of one 
or more towns. 

Section 491c. (Chapter 174, Laws of 1905.) It is hereby 
made the duty of the town, village, city or school district board 
to submit any resolution proposed in pursuance of sectiqn 491 



150 SCHOOL LAWS OP WISCONSIN. 

as amended by section 1 of chapter 57 of the Laws of 1899, as 
amended by section 1 of chapter 345 of the Laws of 1903, to the 
voters of such town, village, city or school district upon the fil- 
ing with said board of a petition in writing, praying such sub- 
mission, signed Ijy at least ten per cent of the qualified electors 
who voted at the last preceding gubernatorial election in such 
town, city, village or school district. 

High School District — Officers — How Elected. (Chap, 
ter 438, Laws of 1907, amending section 492 as amended by 
chap. 345, Laws of 1903 and chap. 329, Laws of 1905.) Sec- 
tion 492. 1. The oificers of each free high school district shall 
be a director, treasurer and clerk, whose term shall be each 
three years beginning with the annual town meeting and until 
his successor shall have been chosen ; provided that at the first 
election the clerk shall be chosen for one year, the treasurer 
for two years and the director for three years. All of said 
officers may be chosen first at the same election at which the 
question of establishing a high school is submitted, to take 
their office?; if the resolution therefor be adopted. Thereafter 
such officers shall be elected at the annual town meeting or 
charter election. The votes cast shall be canvassed and the 
result declared and certified as provided. 

2. But in all cities not under a county superintendent 
which now constitute free high school districts or which shall 
hereafter adopt the resolution provided for in section 490 and 
become free high school districts, the board of education 
in each such city shall be the high school board, and the city 
treasurer shall be ex-officio the treasurer of the high school 
district, unless the board of education embrace a treasurer. 

3. And in all districts m.aintaining a graded school of not 
less than two departments which now constitute free high 
school districts or which shall hereafter adopt such resolution, 
the district board in each shall be the high school board and 
the district treasurer shall be the treasurer of the high school 
district. 

4. Whenever a sub-district shall vote to establish and 
maintain a free high school, such sub-district shall constitutt. 
a free high school district, shall elect a free high school board, 
the clerk for one year, the treasurer for two years, and the 
director for three years ; thereafter one officer shall be elected 
annually in place of the one whose term expires at the annual 
meeting of such sub-district and such high school board shall 
perform all the duties and have the same authority as l;igh 
pchpol boards in towns qr districts, 



FREE HIGH SCHOOLS. 151 

5. The clerk shall certify all taxes levied for high school 
piirpo3es to the town, city or village clerk, who shall apportion 
the same upon the taxable property of the sub-district, and 
the treasurer of such municipality shall collect the taxes thus 
apportioned and pay over the same to the high school treas- 
urer and return the delinquent taxes to the county treasurer 
as in other cases. 

6. Separate ballots snd a separate ballot box for school 
district oificers shall be provided. 

7. The names of candidates fcr school district officers voted 
for shall be printed or written on a ticket separate from the 
town, village or city ticket, and the ballots cast at this election 
shall be canvassed according to the statutes for conducting 
elections in the municipalities interested, the results certified 
to by the canvassing officers to be sealed and placed in the 
hand^; of the chainran of the town, the president of the village 
board of trustees or the mayor of the city, as the case may be. 

8. Such, officers shall hold their first meetins' at two o'clock 
p. m. on the first Saturday following the town, village or city 
election at the office of the clerk of the town having the lar- 
gest population, or if a village or city shall be interested, at 
the office of the village or city clerk for the purpose of recan- 
vassing the votes cast in each munic:pality for the election 
of high school officers and certifying the result to the proper 
clerk. Said clerk shall certify the name of the officer or 
officers elected in said district to the clerk of each town, vil- 
lage or city, in the joint free high school district. The officers 
so elected shall have the same authority, be charged with the 
same duties, and be under the same liabilities' as other officers 
of free high school districts. 

This act provides that all free high school officers shall be electea 
by popular vote. That provision of the old statute providing that in 
cases where the free high school district consisted of two or more 
towns, or of a town and a city, the free high school officers should K 
elected by the town boards of supervisors, or by the town board and 
three members of the city council has been repealed. 

High school board — Township system. Chapter 253, 
Laws of 1901. Section 1. (492a.) The town board of school 
directors in any township now organized or which may be here- 
after organized under the township system of school govern- 
mxcnt, shall be and is hereby ccnstituted the free high school 
board for the town as a free high school district. In such cases 
the secretary of the town board of school directors, shall be ex- 
officio clerk, the president of the board shall be ex-officip diyegr 



152 SCHOOL LAWS OF WISCONSIN. 

tor, and the town treasurer shall be ex- officio treasurer of the 
free high school board of said district. Said board is hereby 
authorized to perform all and singular the duties prescribed 
by law for free high school officers and boards, and the function 
and duty of free high school boards heretofore organized a.ud 
acting as such in a free high school district consisting of a 
town having the township system of school government, shall 
cease and be of no effect on and after the lawful surrender oJ' 
records, papers, moneys and other property as hereinafter pro- 
vided. The records and accounts of the board created by tins 
act shall be kept separate and distinct from the records and ac- 
counts which the said board are required to keep as a town 
board of school directors. The free high school board in any 
existing free high school district composed of a single town 
organized under the township system of school government, 
is hereby authorized and directed, immediately upon the pass- 
age of this act,' to deliver to the care and custody of the free 
high school board herein provided for in such cases, all records. 
papers, money, and other property of the free high school diss- 
tricts, and the free high school board herein provided for shai; 
accept the care and custody of such records, papers, money, 
and other property and use them for and in behalf of the iree 
high school district in conformity to law. 

Officers' duties ; other statutes apply. Section 493. 

Such officers shall constitute the high school board, and shall 
conduct the affairs of the high school district on the same 
general plan provided for a school district, and possess, with re- 
spect to such high school district, all the powers and be charged 
with all the duties conferred and imposed by the statutes on 
the district officers and district board of a school district appli- 
cable to such high school district ; the treasurer shall give a like 
bond, to be approved and filed in a similar manner. The high 
school district clerk shall make a similar report to that required 
by section 462, omitting the first subdivision. The board may 
grade such school and establish the branches of study to bb 
taught therein, under the advice of the state superintendent. 
Every forfeiture and punishment for neglect or violation of 
duty in a school district officer shall apply to a high school dis- 
trict officer for like neglect or violation. The reports of free 
high schools in cities not under a county superintendent shall 
be included in the reports from such cities to the state super- 
intendent. 

The officers, if elected, are to bear the same names and are elected 
fpr the same terms fis Ijke officers in schpol districts. In cities iude- 



FREE HIGH SCHOOLS. 153 

pendent of the county superintendent, the board of education, — and in 
single districts, the district board, or under the township system tlie 
town board of school directors becomes the free high school boara, 
without action on the part of the people at the time of voting on the 
adoption of the system. 

The duties of the several oihcers and of the boards are similar to 
those of district officers and boards. The clerk is to report directly 
to the county superintendent, but in cities independent of that officer, 
the report must be made by the city superintendent or by the board of 
education, and incorporated in the report of other matters to the 
state superintendent. Section 496 provides for a financial report to 
be made in duplicate for each free high school directly to the state 
superintendent. 

Schools free; teachers' qualifications. Section 494. All 
such free high schools shall be free to all pupils resident in the 
district. Every principal of stich school shall, in addition to his 
qualifications as teacher of a common school, be a graduate of 
some university, college or normal school, hold a state certificate 
or pass an examination in the studies required to be taught in 
any such school ; provided, the state certificates authorized by 
law and the certificates authorized by section 496a shall qual- 
ify their holders both as principals and as teachers of common 
schools ; and each principal and assistant teacher in a free high 
school shall be eligible to teach only on approval of hi? certifi- 
cate by the, state superintendent; and the high school board or 
"boards of education having charge of such schools shall deter- 
mine, with the advice and consent of such superintendent, the 
course of study and minimum standard of qualification for ad- 
mission to the same. 

The state superintendent will require each assistant in such schools 
to furnish evidence of his qualifications to teach every branch assigned 
him in the school course. Every assistant in a free high school who 
does not hold a state certificate or a countersigned diploma should 
therefore secure the superintendent's approval of his qualifications be- 
fore the beginning of the fall term of school. Only thus can he make 
a legal contract, or the school be entitled to the aid provided by law. 
Each assistant should send to the state superinendent a local certifi- 
cate that includes all the branches he is required to teach, and which 
continues in force duriiig the time for which he wishes his certificate 
to be approved. Should he desire to teach branches that are not in 
eluded in the highest certificate that the local authority is author- 
ized to issue, the state superintendent will provide for his examination 
in such topics. 

Diplomas and standings from reputable colleges and state normal 
schools not in the state will receive due credit, if accompanied by 
proper local certificates. 

Residents of towns and villages without free high 
schools may attend free high schools in other districts — 
Tuition, how paid. (Chap. 329, Laws of 1903, amendator> 
of Ch. 188 of the Laws of 1901.) Section 1. The free high 



154 SCHOOL LAWS OF WISCONSIN. 

school board of any free high school district organized under 
the laws of this state, shall admit to the high school under its 
control, whenever the facilities for seating and instruction will 
warrant, any person of school age prepared to enter such school, 
who may reside in any town or incorporated village, but not with- 
in any free high school district, and who shall have completed 
the course of study in the school district in which he resides, 
or one equivalent thereto. Persons so admitted shall be entitled 
to the same privileges and be subject to the same rules and 
regulations as pupils of the school who are residents of the free 
high school district. 

Tuition fee, statement of. Section 2. Whenever per- 
sons, not residing in any free high school district and haying 
completed the course of study in the school district in which 
they reside, or one equivalent thereto, as herein provided, enter 
any free high school, the free high school board of that district 
shall be entitled and is hereby authori'zed to charge a tuition 
fee for such pupils not to exceed fifty cents per week. On 
or before the first day of July in each year, the secretary of 
the free high school board shall make a sworn statement to the 
clerk of the city, town or village from which any person may 
have been admitted to said free high school. Said statement 
shall set forth the residence, name, age and date of entrance 
to such school, and number of months' attendance during the 
preceding school year of each perscn so admitted from such 
city, town or village; this statement shall show the amount 
of tuition Vv^hich, under the provisions of this act, the district 
is entitled to receive for each person reported as having been 
a member of the school from such city, town or village, and 
the aggregate sum for tuition for all persons so admitted from 
each city, town or village, which statement shall be filed as a 
claim against the town, city or village where such person re- 
sides, and allowed as other claims are allowed. 

Evidence of completion of course of study, what is 
sufficient. Section 3. The usual diploma issued by any 
school or school district organized under the laws of the state, 
shall be sufficient evidence of the completion of the course of 
study hereinbefore mentioned, and it shall be the duty of the 
state superintendent, in all cases where a course of study is not 
already prescribed, to prescribe a course of study and designate 
what shall constitute a completion thereof under this act. A 
duplicate of such diploma or a copy thereof duly certified as 



FREE HIGH SCHOOLS. 155 

such, by any of the persons signing the original, shall be de- 
livered upon request to the persons named therein, and shall 
be filed by him with the secretary of the free high school board 
of the free high school district, upon his admission to its high 
school. A certificate from the county superintendent of the 
completion of such course, or that the diploma hereinbefore 
referred to has been properly issued to the person named 
therein, shall have the same effect as such diploma, as evidence 
of the completion of the course of study. All duplicate diplo- 
mas, or certified copies thereof, or certificates of county super- 
intendents so filed, shall be attached to the sworn statement of 
such secretary hereinbefore provided for. 

Tuition, how collected in villages. Section 4. The vil- 
lage clerk shall enter upon the tax roll of the village for the 
ensuing year such sums a? may be due for tuition on account of 
residents of the village who have attended such free high school 
or schools, and the amounts so entered shall be collected when 
and as other taxes are collected, and shall be paid when so col- 
lected, to the treasurer of the free high school district or dis- 
tricts, where such persons have attended the free high school 
or schools. 

How collected in towns. Section 5. The clerk of any 
town not having within its territory a free high school district, 
shall enter upon the tax roll of the town for the ensuing year 
such sums as may be due for tuition on account of residents of 
the town who have attended such free high school or schools, 
and the amount? so entered shall be collected when and as other 
taxes are collected, and shall be paid when so collected, to the 
treasurer of the free high school district where such persons 
have attended the free high school or S2hccl3. 

How collected in portion of town or city not in district. 

Section 6. The clerk of any town or city, a portion of which 
constitutes or forms a part of a free high school district, shall 
enter upon the tax roll for that part of the town or city, noL 
within a free high school district, such sums as may be due 
for tuition on account of residents of that portion of the town 
or city, that have attended such free high school or schools, 
and the amounts so entered shall be collected when, and as other 
taxes are collected, and shall be paid when so collected, to the 
treasurer of the free high school district or districts where such 
persons have attended the free high school or schools. 

. This law permits persons (a) of school age (b) not residing in a 
free high school district, and (c) possessed of proper evidence of hav- 



156 SCHOOL LAWS OF WISCONSIN. 

ing completed a common school course of study, to attend any free 
high school in Wisconsin, where (d) facilities for Instruction are suf- 
ficient, and (e) subject to the rules and regulations of such school 
and makes their tuition not to exceed fifty cents a week, chargeable to 
the town, city or village in which they reside. 

Under "(c)" above the following points are to be noted: 

1. The course of study to be completed must be prescribed by the 
state superintendent, and it is left to him to determine what shall con- 
stitute a completion hereof. The course prescribed by him is found 
in the manual for common schools. 

2. Except in city superintendent districts, all public schools except 
free high schools, are under the supervision of some county superin- 
tendent, and all diplomas issued by such schools must receive his 
sanction in order to be received as evidence that the common school 
course of study has been completed. He may insist upon examination 
in all cases, or, as in the case of a system of graded schools under the 
supervision of a high school principal, he may accept the certificates 
of the principal without examination. 

3. It follows, therefore, that whereas the principal, acting under di- 
rection of the board has heretofore had the power to determine the 
qualifications for admission, the power to do so now rests solely with 
the county superintendent. 

It would seem that in all cases where a pupil has been in attendance 
upon a free high school and has completed the work of any year of 
said high school, the records may be taken by the county superinten- 
dent as sufficient evidence of the qualifications of the pupil to continue 
high school work, and of his right, if he so desires, to have his tui- 
tion made a charge upon the town or village in which he resides. It 
would also seem that in cases where non-resident pupils complete the 
work in the 8th or 9 th grade in any district having a free high 
school, the record of such department may be accepted by the county 
superintendent as evidence of the fitness of such pupil to enter the 
high school with other pupils of the same class and grade, who are 
residents of the free high school district. 

4. In order that charges for tuition may be collected by a free high 
school board from the town in which any nonresident student resides, 
the secretary must, before the first day of July in each year, file a 
sworn statement with the clerk, giving residence, name, age, date of 
entrance and number of months' attendance at school of each person 
so admitted from his town, city or village, together with the amount 
of tuition charged, such charge not to exceed fifty cents per week. 

5. This statement must be accompahied by a diploma, or copy of 
diploma, or certificate from one who has signed the diploma, or a cer- 
tificate from the county superintendent. As above shown, this diploma, 
if from a public school under the supervision of the county superin- 
tendent, must have been issued by the county superintendent, or have 
received his sanction in order that it may be received as evidence 
that the common school course of study has been completed. 

When a certificate or diploma as above described, or a certified copy 
of either, has once been filed with the clerk, the law will doubtless be 
satisfied thereafter if other copies are not filed with him with the bill 
for tuition. 

Section 1 states that "persons so admitted shall be subject to the 
same rules and regulations as pupils of the school who are residents 
of the free high school district." This clearly gives the free high 
school authorities the right to examine all students and to reject any 
whose qualifications are found to be below the standard set by such 
school even though the diploma or certificate may be presented. 



FREE HIGH SCHOOLS. 157 

Taxes, apportionment of. Section 495. The liigh school 
board shall annually, on or before the' se':'oncl Monday in Sep- 
tember, meet and determine the oiiiornt neeet-s^ary to be raised 
by tax for the snpport of such high school, and certify the same 
to the proper town, city or village clerk; if a joint high school 
district they shall certify to the clerk of each town or to such 
clerk and the village clerk the proportionate amount thereof 
to be raised by such town or village, such proportion to be deter- 
mined according to the total valuation of all the taxable prop- 
erty therein as equalized by the boards of review, statements of 
which shall, as soon as the assessment is complete, be sent by 
the respective town or village clerks to the clerk of such district. 
Such tax shall be apportioned on the next tax roll by such clerk 
or other officer making the same, and collected and returned as 
other taxes, and paid to the high school district treasurer. Such 
moneys shall be paid out only on orders drawn and counter- 
signed as prescribed in case • of school districts. Any town 
which is a single high school district may, by resolution adopt- 
ed at the annual town meeting, limit the amount to be raised 
for high school purposes during such year. In case of a joint 
high school district, the town boards of the several towns or of 
the town and village or towns and villages embraced may by 
joint resolution adopted by all such boards before the first day 
of July, likemse limit the amount to be raised therein.. 

The taxes levied by the board of a joint free high school district 
cannot be affected bv the action of the board or of the electors of an.y 
town in the district. If the amount to b^ raised is legally appor- 
tioned to the town, .the clerk thereof must include it in the tax roll, 
notwithstanding directions from the' town board and the electors at 
the town meeting to the contrary. "The refusal of one town or any 
number of towns Cat least any number less than the whole), in a .joint 
free high school district, to levy and collect taxes on the taxable prop- 
ertv in any such town to nay its due pronortion of the expenses of 
maintaining the •school when such nroportion has been lawfully 
ascertained, cannot disorfranize or dissolve the joint district or relieve 
the clerk of anv such defaulting town of the duty of inserting the 
proper sum in the tax roll of his town." State v. Lamont, 86 Wis., 563. 

Providing" for town free high school buildings. (Chap- 
ter 123, Laws of 1903, amending chapter 27, Statutes of 1898, 
by the addition of a new section to be knowTi as Section 495a.) 
Section 495a. The electors of any town organized as a town 
free high school district are authorized at any annual town 
meeting or special town meeting, regularly called, to levy a 
tax upon the real and personal property of said town free high 
school district for the purpose of purchasing a site, erecting a 
suitable school building thereon, and furnishing said building 



158 SCHOOL LAWS OF WISCONSIN. 

with the necessary furniture, and heating and ventilating ap- 
paratus. , 

This law was passed for the purpose of authorizing the electors of 
the town, assembled at some special or annual town meeting, to vote 
a tax for the purpose of providing funds for the erection and equip- 
ment of a town high school building and for purchasing a site. This 
law does not give the electors the power to select or designate the loca- 
tion of the free high school site. 

Powers of electors — Buildings for town free high 
school districts. (Cliapter 351, Laws of 1905.) Section 1. 
Upon the filing with the town clerk or clerks of each town in- 
cluded in any town free high school district and with the village 
clerk of any village included therein, a petition in writing 
signed by at least ten per cent of the qualified electors of such 
town high school district as determined by the last preceding 
gubernatorial election asking to have submitted to a vote of the 
electors of said district the question of erecting a new school 
building therein or building an addition to a school house or 
furnishing such building with necessary furniture and heating 
and ventilating apparatus, the supervisors of the. several towns 
and the trustees of any village included in any such joint free 
high school district, shall give notice of an election to be held in 
such towns or town and towns and village for the purpose of vot- 
ing upon such question, which shall be submitted to be voted 
upon in the form of a resolution embodying the question to be 
submitted and the amount of mcney proposed to be raised for 
such purpose upon which the electors shall vote aye or nay, and 
such resolution shall be adopted if a majority of the total vote 
in the entire joint free high school district be in favor thereof. 
Before issuing notice of such election the town clerks of the 
several towns and villages if any, included in such school dis- 
trict, shall meet and determine on a time for holding such elec- 
tion, which shall be held in each town and village upon the same 
day, and within ten days after such election shall have been haa 
the clerks of the several towns and villages included in such dis- 
trict shall meet and canvass the returns of such election and an- 
nounce the result thereof and make a written report thereon and 
file the same with the clerks of the several towns and villages in- 
cluded in such school district. Such election shall be noticed 
and conducted and the votes counted in the several towns as at 
town meetings and in a village, if any, as at village elections. 

Borrowing money. (Chapter 342, Laws of 1901.) For 
the purposes expressed in section 474 of the Statutes of 1898 and 
chapter 40 of the Laws of 1901, any high school district board 



ti^REE HIGH SCHOOLS. 159 

is hereby auiliori'zed and empowered to borrow money when- 
ever directed by the electors of such high school district assem- 
bled at a meeting regularly called and held for that purpose,- 
pursuant to the provisions of section 427 of the Statutes of 1898. 
The payment thereof shall be provided for by said board by a 
tax to be raised and certified as provided in this section. 

Free high schools — State aid — How obtained — May- 
be withheld — (Chapter 527, Laws of 1907, amending section 
496, Statutes of 1898, as amended by chapter 345, Laws of 1901, 
and chapter 214, Laws of 1899.) Section 496. 1. Any free 
high school district which shall have established a free high 
school according to the provisions of these statutes and shall 
have maintained the same for not less than eight months in any 
school year, shall be entitled to receive from the general fund 
of the state annually one-half of the amount actually expended 
for instruction in its high school during such year over and 
above the amount required by law to be expended for common 
school purposes, but not to exceed in one year five himdred 
dollars to one district; provided, this limitation shall not ap- 
ply to town free high schools. 

2. To obtain such aid the high school board, or in cities 
not under a county superintendent, the president and secretary 
of the board of education and the treasurer, shall on or before 
the first day of August, report in duplicate to the state su- 
perintendent, under their oaths, the amount actually expended 
for instruction during the previous school year, specifying the 
several items thereof, with the date and object of each fully. 
Thereupon said superintendent shall fix the amount to be paid 
such district and certify the same to the secretary of state with 
one of such reports annexed; provided, that the state super- 
intendent may withhold such state aid from any free high 
school district in which the scope and character of the work 
are not maintained in such manner as to meet his approval or 
which the high school building, the outhouses and grounds, 
or the furniture and equipment are not maintained in good 
condition and kept clean and free from any unsanitary feat- 
ures; or in which the high school is not provided with suffi- 
cient equipment, including globes, maps, blackboards, library, 
scientific apparatus and other essentials for the proper work 
of the school or for failure to comply with any of the provisions 
of the free high school law. He may order and direct that 
an amount equal to the whole or part of such state aid for 
any year shall be expended in the purchase of proper equip- 



160 SCHOOL LAWS OF WISCONSIN. 

ment and in case of failure of the district to comply with 
such direction he shall withhold from the aid to that district 
an amount equal to the sum ordered 'to be expended. On such 
certificate, at any time after the first day of December, the 
certified amount shall be paid to the district treasurer out of 
the state treasury. 

3. The secretary of state shall annually include and appor- 
tion in the state tax all such sums as shall have been paid. 
Whenever, owing to any failure or neglect to make the report 
required by law, any free high school shall fail to have ap- 
portioned to it, its share of the state aid, the state superintend- 
ent may, after the time hereinbefore fixed for such apportion 
ment by him, fix an amount ten per centum less than the 
amount which said school would have been entitled to had it 
complied with the provisions of this section, and certify the 
same to the secretary of state with the report of such district 
annexed thereto, and the secretary of state shall thereupon 
draw his warrant for such amount or amounts in favor of such 
district. 

4. The whole amount annually paid under the provisions 
of this section shall not exceed seventy-five thousand dollars, 
and if more be demanded by such districts they > shall be paid 
proportionally; provided, that if the whole amount authorized 
to be paid annually in aid of free high schools as provided 
by section 491b as amended by this act, is not demanded or 
expended under the provisions of that section then the un- 
expended balance of the amount therein annually authorized 
to be paid in aid of such schools may be added to and appor- 
tioned among the free high schools provided for in sections 
490 and 491. 

This relates to free high schools only and makes entirely clear cer- 
tain powers that existed under the old law by implication. This act 
■definitely authorizes the state superintendent to withhold state aid 
from any free high school district in which the school work is not car- 
ried on in an efficient manner or in which the school buildings, 
grounds, furniture and equipment are not maintained in good condi- 
tion and kept free from unsightly and unsanitary features. Free high 
school officers and electors of districts maintaining free high schools 
may l-e directly affected by this act and the officers especially, should 
immediately take such action as may be necessary in order to avoia 
any possible chance of failure on the part of the free high school dis- 
trict to share in the usual high school apportionment. 

Supervision and course of study. Section 496a, (as 
amended by chap. 439, Laws of 1901.) The state superintend- 
ent shall prepare a course or courses of study suitable to be 
pursued in free high schools, publish the same and furnish the 



FREE HIGH SCHOOLS. 161 

same upon application. He shall exercise such personal super- 
vision and make such personal inspection of the work 
of all such schools as they seem to require and the other 
duties of his office may warrant; he shall examine or cause 
to be examined all teachers of high schools, required by 
law to pass special examinations to qualify them for teach- 
ing in high schools, and grant certificates to such as pass ex- 
aminations satisfactorily, which certificates shall be in such form 
and for such time as he may prescribe, and shall authorize the 
holder to teach in such special place or places or in the whole 
state, as the qualifications of the candidate may warrant. 
Each free high school shall offer at least a twelve weeks' course 
of instruction each year in the theory and art of teaching; in 
the organization, management, and course of study of ungraded 
schools; and in the duties of citizens in the organization and 
administration of local school systems. Such a course of in- 
struction shall be open to all students in thig school and a sat- 
isfactoiy standing in the work of this course shall be a con- 
dition precedent to the countersignature of a diploma held by 
a graduate of the school as provided in section 7 of this act. 
Said superintendent shall furnish suitable blanks for annual 
and special reports for all such schools, which shall require re- 
turns as to the number, age and sex of all pupils enrolled, the 
number in each class or year in the course of study, the num- 
ber pursuing the English branches only, the number completing 
the course of study each year and such other statistics as may 
be deemed necessary. 

Courses of study are furnished by the state superintendent, which, 
indicate the scope of the work required by this department. Such 
modifications as may be thought necessary to adapt these courses to 
local needs require the approval of the state superintendent. 

When teachers of free high schools are required to teach branches 
which are not embraced in any of the certificates which the local 
superintendents are authorized to issue, the state superintendent will 
provide for their examinations in such topics, but he will require 
teachers to seek certification from local examiners in all branches in- 
cluded in the first grade certificate. 

Manual training — State aid for. (Chapter 503, Laws of 
1907, amending sections 496b, and 496c, as amended by chap- 
ter 273, Laws of 1899, and creating section 496c — -1.) Section 
496b. Any board having charge of a. free high school or of a 
high school having a course of study equivalent to the course 
or courses prescribed by the state superintendent for such 
schools may establish and maintain a department of manual 

11— S. L. 



162 SCHOOL LAWS OF WISCONSIN. 

training in connection with the high school under its manage- 
ment, or in connection with said high school and the three 
upper grades next below the high school, as said board shall de- 
cide. The expense of maintaining such department shall be 
provided for in the sa;me manner as other expenses of main- 
taining such schools, and such department shall be under the 
management, direction and control of such board. The state 
superintendent shall, so far as his other duties may warrant, 
give such information and assistance as may seem necessary 
in organilzing and maintaining such departments, and in ar- 
ranging schemes and outlines of work; and with the aid of the 
inspector of high schools, and when occasion shall require it, 
with the aid of the inspectors of graded schools, shall have 
the general supervision of all manual training departments 
established under this section ; and shall from time to time in- 
spect the same, make such recommendations relating to their 
management as he may deem necessary, and make such report 
thereon as shall give full information concerning their number, 
character and efficiency. The state superintendent shall estab- 
lish a standard of qualification for all teachers in such depart- 
ment, and may grant special certificates to such applicants as 
are fully qualified to instruct in special lines of manual work, 
which certificates shall be in suah form and for such time as he 
may prescribe, and shall be regarded as qualifying the holders 
thereof to teach in any manual training department. 

Section 496c. Any school whose course of study or out- 
line of work in manual training has been approved by thu 
state superintendent, and whose teacher has been qualified, 
may, upon application, be placed upon an approved list of 
schools maintaining manual training departments. A school 
once entered upon such list may remain there and be entitled 
to state aid so long as the scope and character of its work are 
maintained in such manner as to meet the approval of such 
superintendent. On the first day of July in each year the 
clerk of each school board maintaining a school on the ap- 
proved list or the city superintendent of any city where such 
an approved school is maintained, shall report to the state 
superintendent in such form as may be required, setting forth 
the facts relating to the cost of maintaining the manual train- 
ing department thereof, the character of the work done, the 
number and names of teachers employed, and the length of 
time such departm.ent was maintained during the preceding 
year. And upon the receipt of such report, if it shall appear 
that the department has been maintained in a satisfactory man- 



FREE HIGH SCHOOLS. 163 

ner for a period of not less than six [eight] months during the 
year, the said superintendent shall make a certificate to that 
effect and file it with the secretary of state. Upon receiving 
such certificate the secretary of state shall draw his warrant 
for one-half the amount actually expended for^ instruction in 
the manual training course during the year for which the 
state aid is received, not however, to exceed three hundred 
and fifty dollars if the manual training department shall have 
been maintained in connection with the high school and the 
three upper grades next below the high school, but not to ex- 
ceed two hundred and fifty dollars if the manual training de- 
partment shall have been connected with only the high school. 
The sum payable in accordance herewith to be payable to the 
treasurer of the district or corporation maintaining the school: 
provided, that the total amount expended for such purpose 
shall not exceed twenty-five thousand dollars in any year. 

Section 496c— 1. By and with the advice and consent of 
the state superintendent of public instruction, the district 
board or boards of education of two or three school districts 
each of which maintains a free high school, may unite in en- 
gaging the services of a suitable teacher or teachers of manual 
training for the purpose of giving instruction in manual train- 
ing in the school of the districts so uniting. Each of the 
school districts so uniting shall pay such share of the salary of 
the instructor or instructors of manual training as shall be pro- 
portionate to the time devoted to instruction in manual training 
in the schools of each said districts. Each school district in- 
cluded in such agreement and giving instruction in manual 
training in accordance with the provisions of this chapter shall 
receive the state aid provided for in this chapter. 

The provisions of this chapter are easily understood and must com- 
mend themselves to the consideration of all free high school boards. 

SCOPE OF THE WOKK. 

(a) The scheme of work should cover at least two years of time, 
and should be of a character to afford advantages to both sexes and all 
classes represented in the school. 

(b) Specifically, the scheme should include instruction and exer- 
cises in free hand and mechanical drawing. 

(c) Instruction and exercises in bench work in wood — sawing, plan- 
ing, tenons, mortises, joinery, inlaid work, etc., etc. 

(d) Instruction and exercises in lathe work in wood — wood turning, 
face-plate and center turning, polishing and simple designing. 

(e) Instruction and exercises in blacksmithing — elementary pro- 
cesses of the forge — welding, forging and tempering. 

(f) Lrathe work in metal — metal turning, use of machine and hand 
tools in metal work; exercises devised to develop uses of tools. 

The above lines of work may be expanded almost indefinitely, as 



164 SCHOOL LAWS OF WISCONSIN. 

facilities are provided, and tlie course is extended, to include pattern- 
making, moulding, casting, etc.; by introducing exercises in wood 
carving, in the use of carving tools in ornamental line work, and the 
shaping of simple designs in low relief. Drawing, also, may be ex- 
tended to include architectural drawing and designing. 

(g) Instruction and exercises in sewing — forms of stitches, piecing, 
hemming, darning, mending, patching, making. As facilities are pro- 
vided cutting, fitting and making garments in cotton, wool and other 
fabrics may be voluntarily added. 

(h) Instruction and exercises in cooking — ^^study of foods, dietetic 
values and combinations; uses and processes of cooking; preparation 
of common foods — soups, meat, vegetables, bread, tea, coffee, cocoa, 
cakes, pies, puddings, etc., etc. 

QUALIFICATIONS OF TEACHEES. 

Each applicant will be judged as to fitness by literary and mechan- 
ical training, and upon evidence of intelligent apprehensions of the 
methods, aims and purposes of manual training. It is to be constantly 
borne in mind that manual training is a form of education; a method 
by which the senses of sight, hearing, touch, and all muscular en- 
ergy are called into activity, to cultivate precision and multiplicity 
of perception, the correlation and co-ordination of processes of rea- 
soning and reflection, which result in variety and accuracy of judg- 
ment. The product of these processes is higher, broader mental cul- 
ture, as well as mechanical skill; that the latter shoul.d be the sign 
and token of the former; and that only such as discern this significance 
in manual training should be entrusted with the management of such 
departments. The manual training schools, and the mechanical en- 
gineering department of the university of our own state and those of 
other states, should furnish an adequate supply of competent teachers. 

For certificates and diplomas see chapter 64, Laws of 1903, page 

of this code. 

THE EQtriPMENT AND WORK REQUIEED. 

The equipment and work should be progressive. No attempt should 
be made to fully equip or determine the work of the department at 
once. Bench work and lathe work in wood, with free hand and me- 
chanical drawing should be inaugurated the first year. This is all 
that will be required if sewing, cooking, and advanced work in metal 
are outlined in the scheme of work to be commenced not later than 
the second year. Each scheme, as presented for approval, will be 
considered in relation to the locality for which it is designed. 

The question has arisen whether manual training should be in- 
cluded in and made a part of a definite and prescribed course of 
study in the high school. This is the practice of some schools, that 
have literary and manual training courses. But it is not deemed wise 
to require this. A limit should be made by local regulation, confin- 
ing manual training to a maximum of four and one-half hours per 
week, per pupil, which will include the drawing. Programmes should 
be so arranged that this work can be taken without interference with 
recitations in literary courses. 



UNION FREE HIGH SCHOOLS. 165 



XIIL— UNION FREE HIGH SCHOOLS. 



Establishment. (Chapter 493, LaAvs of 1909.) Section 
495 — -1. AVith the advice and consent of the state superin- 
tendent a free high school to be known as a union free high 
school may be established and maintained in any tract of con- 
tiguous, territory with an area of not less than thirty-six square 
miles, such territory to be bounded by section lines or by lines 
bounding in part an existing free high school district, or in 
cases where impassable streams, lakes or swamps render it im- 
practicable to follow section lines such natural boundaries may 
be substituted. 

No such union free high school district shall be established 
or maintained unless at least twenty-five persons of school ag'3 
resident of such tract of territory give evidence through ex- 
amination or otherwise satisfactory to the state superintendent 
that they are prepared to begin a high school course. 

Territory all in one town. Section 495—2. In ease the 
tract of territory is entirely included in one town and said tract 
does not include within its boundaries an incorporated village, 
it is hereby made the duty of the town board of that town to 
submit the question of establishing such union free high schooJ 
to the voters of such tract upon filing with the chairman of said 
town board a petition praying for such submission for election. 
Said petition shall describe the boundaries of the proposed anion 
free high school district and shall be signed by at least one- 
fifth of the persons resident therein and qualified to vote at any 
school district meeting. The chairman shall within ten days 
after the receipt of the petition notify the. clerk of his town, 
and the clerk shall cause at once ten days' notice of such elec- 
tion to be given by posting at least six copies thereof in at least 
six different public places in such tract of territory, or by pub- 
lishing such notice in any newspaper published therein once 
each week for two weeks immediately prior to the time set for 



166 SCHOOL LAWS OF WISCONSIN. 

holding the election. The election shall be conducted and the 
vote canvassed according to the statutes for conducting town 
meetings. 

Territory in two or more towns. Section 495 — 3. In 
case the said tract of territory shall lie in two or more towns 
and contains no incorporated village, such petition may be pre- 
sented to the chairman of any one of the town boards of super- 
visors of such towns, and this chairman shall, within five days 
of the receipt of said petition, notify the other chairman or 
chairmen as the case may be, of the receipt of the petition 
and shall set a date for a meeting of all the chairmen of the 
towns interested for the purpose of fixing a time and place for 
holding such union free high school election; and it shall be 
the official duty of said chairman to meet on said date and fix 
upon the time and place for holding such election. If any 
chairman is unable to attend he shall delegate one of the other 
supervisors of his board to attend upon this meeting to act in 
his place. The election shall be noticed and conducted for the 
entire tract of territory which is to be included in the proposed 
union free high school district by the town board of the town 
in which the election is held and in the manner provided for 
above in the case where all the territory is included in one 
town. 

Incorporated village and ontside territory. Section 
495 — 4. In case the tract of territory which it is proposed to 
form into a union free high school district shall contain an in- 
corporated village the petition may be presented to any town 
chairman as designated above, or to the president of the village. 
It shaU then be the duty of the official to whom the petition is 
presented to notify each chairman (or the village president) of 
the receipt of such petition and to fix a time and place for a 
meeting of said officers for the purpose of fixing a day for hold- 
ing the election. The election for the village shall be held in 
the village on the same day the election for the territory lying 
outside is held and the election for the territory lying out- 
side the village and which it is proposed to include in the 
union free high school district may be held in the village or at 
any other convenient place agreed upon and designated in the 
notice. The election for the village shall be noticed and con- 
ducted and the votes canvassed in the manner provided by stat- 
ute for conducting village elections and the election for that ter- 
ritory lying outside the village limits and which it is proposed 



UNION FREE HIGH SCHOOLS. 167 

to include in the union free high school district shall be noticed 
and conducted and the votes canvassed in the manner provided 
by statute for noticing and conducting town elections. If this 
outlying territory comprises parts of two or more towns, the 
supervisors at the meeting referred to above shall designate the 
town the officers of which shall notice, .control and direct such 
election. 

Vote to be taken by ballot. Section 495 — 5. In all cases 
the vote shall be by ballot, those ballots in favor being written 
or printed "for the union free high school," those opposed 
' ' against the union free high school, ' ' and the question shall not 
be adopted unless a majority of the- electors voting in that part 
of the territory outside of the village and a majority of the 
electors voting in the village shall be in favor thereof. 

Eesult — how certified. Section 495 — 6. The result shall be 
certified at once by the election officers to the clerk of each towii 
and the village concerned and if the question be adopted, the 
result shall also be certified to the state superintendent by the 
clerk of each municipality interested, such certificate to be filed 
with the state superintendent within six days after the election, 
and such tract of territory shaU upon approval of the state 
superintendent constitute a union free high school district. 

Effect on high school district if there is one. Section 
495 — 7. If an existing free high school district is included in 
the tract or territory embraced in the proposed union free high 
school district, the formation of the union free high school dis- 
trict and the establishment of a high school according to the pro- 
visions of this act shall annul the organization of the existing 
free high school district. 

Officers — election. Section 495—8. The officers of such 
high school district shall be a director, treasurer, and clerk, who 
shall have the same authority, be charged with the same duties 
and be under "the same liabilities as like officers of other free 
high school districts. The term of each shall be three years, 
beginning with the annual union free high school district meet- 
ing held on the third Monday in March, and each officer elected 
shall continue in office until his successor shall have been chosen; 
provided that at the first election the clerk shall be chosen for 
one year, the treasurer for two years, and the director for three 
years, and all of said officers may be chosen at the same election 
at which the question of establishing a union free high school is 
submitted. In such cases a separate ballot box shall be pro- 



168 SCHOOL LAWS OP WISCONSIN. 

vided for the election of officers, and a plurality of the votes 
cast shall be sufficient to elect. In case an incorporated village 
shall be included in the proposed union free high school district 
the officers of the election in the outside territory shall meet at 
once after the polls are closed, in the office of the village clerk 
and the votes for said officers in the outside territory and in the 
village shall be counted as a joint vote, and a plurality of the 
votes cast shall be sufficient to elect. 

The time until the first annual meeting shall be counted as 
the first year in determining the term of office. Thereafter of- 
ficers shall be elected annually in place of those Vv^hose terms ex- 
pire at the annual meeting of such union free high school dis- 
trict. 

Annual meeting. Section 495—9. The annual union free 
high school district meeting for the election of officers and the 
transaction of other business shall be held on the third Wednes- 
day in March, unless that be a legal holiday, in which case it 
shall be held the next day. 

The election of district officers shall be held in some con- 
venient room in the union free high school building, if there be 
such building, and if not, then in some other convenient room 
determined upon by the board and specified in the notice. If 
the notice does not so specify it shall be understood that the 
building in which the last annual meeting was held shall be the 
building designated. 

The election of officers shall be by ballot and suitable ballot 
boxes shall be provided therefor. The polls shall be opened at 
one o'clock in the afternoon of the day fixed by law for holding 
the annual free high school district meeting and shall be closed 
at seven o'clock of the same day. The time of opening and 
closing the polls as well as the place of holding the election, 
shall be specified in the notice of such election or meeting, but a 
failure to so specify the time of opening and closing the polls 
and designating the place where the annual meeting or election 
is to be held and conducted shall not vitiate such election. 

Immediately after the polls are closed and the ballots counted 
the electors shall organize for the purpose of conducting the 
regular and usual business, other than the election of officers, 
necessary for carrying on and maintaining the union free high 
school. As soon as the meeting is regularly organized the re- 
sult of the election of officers shall be declared. 

The officers conducting the election shall consist of the union 
free high school district clerk and two other persons selected by 
the school district board. If an incorporated village is com- 



UNION FREE HIGH SCHOOLS. 169 

prised in the district one officer shall be selected from the vil- 
lage and one from the territory lying outside of the village and 
included in the union free high school district. The inspectors 
and clerks of this election shall make and keep a list of all the 
electors, men and women, voting at the election. 

The am.ount of compensation paid to the inspectors or clerks 
of election shall be such sum as may be agreed upon by the dis^ 
trict board, not to exceed two dollars for each inspector engaged 
and acting in conducting this election, said compensation to be 
paid from any funds in the trea^^ury of the school district not 
otherwise appropriated. 

Board meeting — when held. Section 495—10. It shall 
be the duty of the district board to meet on the Saturday imme- 
diately preceding the annual meeting, carefully examine the 
accounts of the treasurer and make up a full and itemized re- 
port of all receipts and expenditures since the last annual 
meeting, of the amount in the hands of the treasurer or the 
amount of the deficit, if any, for which the district is liable, of 
the amount necessary to be raised by taxes for the report of the 
school for the ensuing year, and of the amount required to pay 
the interest or principal of any debt due or to become due dur- 
ing the year ; which report shall be submitted in writing at the 
annual meeting and recorded by the clerk at length with the 
action thereon in the proceedings of the meeting. 

Notice of annual meeting. Section 495—11. The clerk 
shall give at least six days' previous notice of the annual meet- 
ings by posting notices therefor in six or more public places 
in the district^ one of which shall be affixed to the outer door 
of the union free high school building, if there be one in the 
district, and he shall give like notice for any adjourned meeting 
if the adjournment be for more than one month; but no annual 
meeting shall be deemed illegal for want of due notice, unless 
it shall appear that the omission to give such notice was wilful 
and fraudulent. 

Special meetings — how called. Section 495—12. Spe- 
cial meetings shall be called by the clerk or in his absence by 
the director or treasurer on the written request of twenty legal 
voters of the district, and notices thereof specifying particularly 
the business to be transacted shall be posted in the manner pre- 
scribed for calling the annual meeting; and the electors when 
lawfully assembled at a special meeting shall have power to 
transact the same business as at the first or annual meeting ex- 



170 SCHOOL LAWS OF WISCONSIN. 

cept the election of officers. But no more than one such special 
meeting to consider the same subject shall be held in the district 
in the samie school year. No tax or loan or debt shall be voted 
at a special meeting unless three-fourths of the legal voters shall 
have been notified either per3onally or by written notice left at 
their places of residence, stating the time, place and objects of 
the meeting, and specifying the amount proposed to be voted at ■ 
least six days before the time appointed therefor, exclusive of 
the day on which the meeting is to be held. 

Who may vote. Section 495—13. Every resident elector 
of the district shall be entitled to vote in any annual meeting, 
provided such elector has resided therein for at least thirty da;;-s 
next preceding any meeting. 

I 

Electors — power of. -Section 495—14. The inhabitants 
of any school district qualified by law to vote at a high &chc:ol 
district m^eeting when assembled at the first and each annual 
meeting in their district or at any adjournment thereof, shall 
have power : 

(1) To appoint a chairman for the time being, and in ab- 
sence of the clerk to appoint some person to act in his stead, 
and the person' so appointed shall certify the proceedings of 
such meeting to the district clerk, who shall enter the same in 
the records of the district and file and preserve the certificate 
of such temporary clerk. 

(2) To adjourn from time to time as occasion ,nay require. 

(3) To vote such tax as the meeting shall deem sufficient 
to purchase or lease a suitable site for a schoolhouse, to build, 
hire, or purchase a schoolhouse and to keep in repair and '"ur- 
nish the same with necessary furniture and ventilating and heat- 
ing .apparatus, and to provide for the equipment and mainte- 
nance of the union free high school. 

(4) To authorize and direct the sale of any union free high 
schoolhouse, site or other property belonging to the union free 
high school district when the same shall be no longer needed for 
use in the district. 

(5) To impose such a tax as may be necessary to discha™;e 
any debts or liabilities of the district lawfully incurred. 

(6') To authorize the union free high school district board 
to borrow money as provided in the statutes. 

(7) To authorize the union free high school district 
board to purchase text-books for use in such high school, to be 
loaned or furnished pupils under such conditions as, by such 
vote and regulations of the board thereunder, may be prescribed. 



UNION FREE HIGH SCHOOLS. 171 

(S) To determine the length of time a union free high scliool 
shall be taught in said union free high school district the then 
ensuing year, which time shall not be less than nine months. 

Vacancies in board — how filled. Section 495—15. The 
board may fill by appointment any vacancy that may occur in 
their number within ten days after such vacancy ' shall occur ; 
and if such vacancy shall not be so filled, the town or village 
clerk of the town or village in which the union free high school 
house is situated shall fill such vacancy by appointm.ent. Any 
person upon being notified of his appointment shall be deemed 
to have accepted the same unless within five days thereafter lie 
shall file with the clerk or director a written refusal to serve, 
and any person so appointed shall hold, office until the next an- 
nuaT meeting, at which the electors shall fill such vacancy for 
the unexpired term. 

Failure to vote tax — how levied. Section 495—16. If 
any union free high school district at its annual or at any sub- 
sequent special meeting prior to the third Monday of November 
following, shall not vote a tax sufficient to maintain a union 
free high school for the term of nine months during the current 
year, the board, on or before the next Wednesday following said 
third Monday in November shall determine the sum necessary 
to be raised to maintain such school, and the clerk shall forth- 
with certify to the town or village clerks the amount so assessed 
who shall assess the same as other district taxes are asses>ed. 

Incorporation of village or city not to affect district or- 
ganization. Section 495—17. The incorporation of a part of 
the territory of a union free high school district organized 
under the provisions of this act, as a village or city shall not 
affect the organization of such union free high school district. 

Taxes — how collected. Section 495—18. All taxes pro- 
vided for in this act shall be levied and collected as in the case 
of single or joint common school districts of the state. 

Section 495—19. All acts and parts of acts relating to town 
free high schools not conflicting with the preceding sections 
shall be in force and effect and shall apply to union free high 
schools established under this act, and the provisions relating to 
state aid to town free high schools shall be applicable to all 
union free high schools established under this act. 



172 SCHOOL LAWS OF WISCONSIN. 



XIY.— STATE GKADED SCHOOLS, 



Districts whicli may receive special state aid for main- 
taining" graded schools. (Chapter 289, laws of 1909, amend- 
ing chapter 374, laws of 1907, as amended by chapter 289, laws 
of 1905, as amended by chapter 285, laws of 1903, amending 
chapter 439, laws of 1901.) Section 496d. The school board of 
any school district, * * * maintaining a graded school bnt 
no free high school nor a * * * school of a grade equivalent 
to a free high school, town free high schools excepted, may re- 
ceive special state aid as hereinafter provided upon full com- 
pliance with the following conditions. 

Glasses. 1. There shall be two classes of state graded 
schools in Wisconsin, known respectively as first class and sec- 
ond class ; all state graded schools of three or more departments 
shall be in the first class, and all graded schools of two de- 
partments shall be in the second class. 

Average daily attendance — length of school year. 2, 
Schools shall be maintained in the district receiving such aid, 
at least nine school months, including legal holidays, in each and 
every department. At least three departments in schools of the 
first class and both departments in schools of the second class 
shall have an average daily attendance of not less than fifteen 
pupils for the entire school year, to entitle the school to state 
aid. 

Qualifications of teachers. 3. All persons employed in 
both classes of graded . schools applying for state aid shall be 
competent teachers and shall hold the following grade of cer- 
tificate : The principal of a state graded school of the first class 
shall hold some form of a state certificate. In each school of 
this class one assistant shall hold a third grade certificate, or a 



STATE GRADED SCHOOLS. 173 

certificate of a higher grade, provided such assistant, if holding 
a third grade certificate shall have had one year's successful 
experience as a teacher in the public schools of Wisconsin ; one 
assistant shall hold a second grade certificate, or a certificate o£ 
a higher grade, and all other assistants shall hold first grade cer- 
tificates or certificates of the higher grade. The principal of 
a stat€ graded school of the second class shall hold a first grade 
county certificate, or some form of a state certificate and shall 
have had not less than one year of successful experience as a 
teacher in a public school or a second grade county certificate 
and shall have had not less than two years of successful experi- 
ence as a teacher in a public school, provided that the testimo- 
nial of successful experience herein required shall be issued by 
the county superintendent of schools in the county in which the 
certificate is in force, and the assistant shall hold a third grade 
certificate, or a certificate of a higher grade, provided such as- 
sistant, if holding a third grade certificate, shall also have had 
one year's successful experience as a teacher in the public 
schools of Wisconsin. The word "principal" is hereby inter- 
preted as meaning the. teacher of the highest grade or grades 
in the schools who shall have immediate supervision of all the 
grades; the word "assistant" is hereby interpreted as meanmg 
each and every teacher in the state graded school other than the 
principal. 

Condition of building and grounds. 4. The schoolhouse or 
schoolhouses, the outhouses, and the grounds, the furniture, and 
equipment shall be maintained in good condition and kept free 
from any unsanitary feature. 

Equipment. 5. Sufficient equipment, including globes, 
maps, blackboards, library, and other essentials for the proper 
work of the school shall be provided by the school district. 

Inspection of school — application for state aid. 6. 

When the school board of any school district desires to secure 
state aid for its graded school, said school board shall make 
written application for the same to the state superintendent. 
No graded school shall be entitled to be placed upon the list 
of state graded schools and to receive special state aid until said 
school shall have been duly inspected by the state superintend- 
ent, or some member of his staff, and found to be fully comply- 
ing with all the conditions of this act. 



174 SCHOOL LAWS OF WISCONSIN. 

Application — when made. 7. In order that any graded 
school may receive special state aid as herein provided, applica- 
tion shall be made to the state superintendent by the school 
board before the first day of September preceding the school 
year for which said special state aid is requested. 

Under this chapter teachers who hold second grade certificates and 
v/lio have had at least two years' successful experience may be legally 
engaged as principals of state graded schools of the second class. A 
teacher who hclds a first grade certificate must have had at least one 
year's successful experience. The word "year" now means at least 
eight months. Previous to this seven months constituted a lawful 
school year. The testimonial of successful experience must be certi- 
fied to by the county superintendent and a copy filed with the clerk of 
the district subject to examination by the state graded school in- 
spector. 

State graded schools — state aid — amount of. (Chap- 
ter 375, laws of 1907, amending section 10 of chapter 439, laws 
of 1901, as amended by chapter 332, laws of 1905.) Section 
496e. 1. Any school district which shall have maintained a 
graded school of the first class in accordance with the provisions 
of this act shall be entitled to receive from the general iund of 
the state, annually, the sum of three hundred dollars. Any 
school district which shall have maintained a graded school of 
the second class in accordance with the provisions of this act 
shall be entitled to receive from the general fund of the state, 
annually, the sum of two hundred dollars. 

2. To obtain such state aid the school board shall, on or before 
the first day of August of each year succeeding the school 
year in which the application is made, report to the state super- 
intendent, under their oaths, that such state graded school has 
complied with all the provisions of this act. Thereupon the 
said state superintendent shall fix the amount to be paid such 
district, and certify the same to the secretary of state, the sec- 
retary of state shall then draw his warrants upon the state 
treasurer for the several claims of the school districts. 

3. The secretary of state shall annually include and appor- 
tion in the state tax such sum as shall have been certified by 
the state superintendent under the provisions of this act. 

4. Upon receipt of the annual state taxes said state treasurer 
shall pay to the school district treasurers, the several amounts 
called for by such warrants. 

5. The state superintendent is hereby empowered to refuse 
state aid to any school district which in his judgment has failed 
to comply with the provisions of this act. 

6. The whole amount annually paid under the provisions 
of this act shall not exceed one hundred and twenty thousand 



STATE GRADED SCHOOLS. 175 

dollars, and if more be demanded by the state graded schools, it 
shall be paid proportionally. Any unexpended balance shall 
revert to the general fund. 

Districts maintaining state graded scliools of tlie second class may 
receive hereafter two hundred dollars annually instead of one hundred 
dollars as heretofore. It is intended that this additional sum shall 
aid school districts to secure better teachers, better school room and 
school ground conveniences, better buildings and better heating, ven- 
tilating and lighting. It is not intended solely to relieve the district 
from any burden of taxation for ordinary school purposes. See com- 
ments under section 436. 

Inspectors. Section 11. The state superintendent is here- 
by authorized to appoint two persons of suitable qualifications to 
assist him in inspecting and supervising the state graded and 
free high schools, and to aid him in giving information and 
needed assistance to localities in organizing such schools. Such 
persons shall be known as state school inspectors, and shall each 
receive an annual salary of eighteen hundred dollars, and re- 
imbursement for all actual and necessary traveling expenses 
incurred, when duly certified to by the state superintendent; 
said salary and expenses to be paid monthly from the general 
fund, and to be deducted from the annual appropriation pro- 
vided for in this act, before the apportionment is made to the 
state graded schools. Said state school inspectors, when not en- 
gaged in the specific duties enumerated herein, may be assigned 
for such other duties as the state superintendent may determine 
and designate. 

Course of study; reports. Section 12. The state superin- 
tendent shall prepare a course of study suitable to be pursued in 
graded schools, publish the same, and furnish to school boards 
upon application. This course of study shall be followed by all 
state graded schools, as one condition of securing special state 
aid. Said state superintendent shall furnish suitable blanks 
for annual and special reports for all such state graded schools, 
which reports shall call for such information as he may deem 
necessary. The refusal or neglect of the school board or any 
of its officers to file these reports with the state superintendent 
when called for, shall be deemed sufficient ground for refusing 
special state aid, as provided for in this act. 

Number limited; incorporated cities excluded. Section 
13. No more than one such graded school in any village, or 
school district or sub-district, shall receive state aid as herein 
provided, nor shall any graded school in any incorporated city 
participate in said state aid. 



ifQ SCHOOL LAWS OF WISCONSIN. 

Appropriation. Section 14. There is hereby appropriated 
out of any moneys in the general fund of the state not other- 
wise appropriated, a sufficient sum of money to meet the pro- 
visions of this act. 

A district having a school of but one department, with a large at- 
tendance may, uiider this law, find it decidedly advantageous to or- 
ganize an additional department, properly grade the school, and by so 
doing become entitled to special aid from the state, to the amount of 
$200 or $300 per annum; as the ease may be. Applications for place 
upon the graded school list should be made before the first day of Sep- 
tember, in any year. The following directions and suggestions are 
given for the consideration of school boards of districts interested in 
securing special aid under this Chapter. 

1. Write to the state superintendent for a special application blank. 

2. When thfe blank is received, call a meeting of the school board 
in accordance with law, make a motion to apply for state aid, record 
this motion and the vote upon it as a part of the minutes of the 
meeting, then fill out the application which must be signed by at 
least a majority of the members of the board, and return it to the 
state superintendent. 

If it is proposed to organize an additional department to your school 
for the coming year, you should plan to recommend the levying of a 
tax sufficient to meet such changes as may be necessary, to the elec- 
ters at your annual school district meeting to be held the first Monday 
in July. Provision must also be made for nine months of school dur- 
ing the year. 

The applicatiola for the state aid, properly sighed, must be in the 
hands of the state superintendent before September 1 of any year. 

In the employment of teachers, the board must see that each teacher 
holds an unexpired certificate of a grade demanded for the department 
of which each teacher is to take charge. 



RURAL SCHOOLS. 177 



XV.— RURAL SCHOOLS. 



Special state aid. (Chapter '600, laws of 1907, as 
amended by chapter 154, laws of 1909, amending sec- 
tions 560f, 560g, 560h and 5601 only and adding section 560n.) 
Section 560f . Every school district which shall have main- 
tained a school or schools for eight months the previous year, 
supplied needful apparatus and text books, and kept the school- 
house and out buildings in proper condition and repair, sliall 
for the purposes of this act, be deemed to have maintained a 
rural school or schools of the second class. 

Section 560g. Every school district not composed wholly or 
in part of an incorporated village or city, nor containing a state 
graded school, which shall have maintained a school or schools 
for eight months the previous year, provided a suitable school 
building and out buildings, needful apparatus, supplementary 
readers and installed an adequate system of ventilation, and 
done efficient work, shall, for the purposes of this act, be deemed 
to have maintained a rural school or schools of the first class. 

Section 560h. Any district maintaining a rural school or 
schools of the second class shall be entitled to a share in all state 
aud county school moneys. Any district maintaining a rural 
school or schools of the first class shall be entitled, in addition 
to the moneys specified for rural schools of the second class, to 
special state aid to the amount of fifty dollars per year for each 
school so maintained for. three years to be paid from the state 
treasury. 

Section 560i. The state superintendent shall inform the 
county and district superintendents as to what shall be consid- 
ered needful apparatus and proper equipment and an improved 
system of ventilation for rural schools; and in ca-^e of disagree- 
ment between the school district and the county or district 
superintendents as to whether a school has the proper equip- 
ment, his judgment shall be final. 
12— s. L. 



178 SCHOOL LAWS OF WISCONSIN. 

Section 560j. Any school district which desires special state 
aid as provided in section 560h of this act, shall make out an 
application in writing to the county or district superintendent 
on a blank furnished by him setting forth the condition of the 
buildings, the amount and nature of the apparatus in the school 
and a description of the system of ventilation used or in use. 
A defect in the building or ventilating system or a deficiency 
in apparatus in process of repair, the county superintendent 
may consider it, for the purposes of this application, as having 
been completed; subsequent neglect, however, to complete such 
repairj or to m.ake such purchases as the board have previously 
certified to be in process of making, shall be ground on which 
the county or state superintendent may revoke the approval 
of the application 

Section 560k. If the county superintendent shall approve 
of the application, he shall endorse the same and remit it to 
the state superintendent of public instruction who shall act 
upon the applications in the order of their reception. 

Section 560 1. To each district which shall comply with all 
the provisions of this act, and whose application for aid shall 
have been approved by him, the state superintendent shall ap- 
portion the sum of fifty dollars for each rural school of the first 
class maintained by said district which shall be paid in the same 
manner as other formes of special state aid are now paid. 

Section 560m, To carry out the provisions of this act there 
is hereby appropriated annually out of the moneys assessed and 
collected under the provisions of chapter 313, laws of 1903, 
amending section 1072a of the statutes of 1898, a sum sufficient 
to meet all the approved claims coming under the provisions of 
this act. 

Section 560n. 1. As used in sections 560f, 560g, 560h, 560i, 
560j, 560k, 5601, 560m and 560n the words "school district" 
shall include sub- districts in towns which have adopted the 
township system of school government. 

2. Nothing contained in this act shall be construed so as to 
increase the number of payments which may be received by any 
district for any school qualified as required by sections 560f, 
560g, 560h, 560i, 560j, 560k, 5601 and 560m to more than three 
on account of any one school. 

This is distinctly for the purpose of hringing about better conditions 
in the country schools in the state. It provides that the sum of fifty 
dollars annually shall be paid as special aid for a period of three 
years. Before the district can, however, receive this fifty dollars it 
v>rill be necessary that school shall be maintained for at least eight 
months and the conditions named in the chapter complied with. The 
special apportionment will be provided for at the time the regular an- 



RURAL SCHOOLS. > 179 

nual apportionment is provided for and will be available at the same 
time, February 1909. This act is of special interest to school boards. 
It was impossible in the law to specifically define just what is meant 
by "suitable school building", "out buildings", "needful apparatus", 
'supplementary readers", "adequate system of ventilation", and "effi- 
cient work in teaching". The interpretation of most of these terms 
and some otliexs will be found in the comments under chapter 39, 
Lav>"s of 1907, as printed in this code. Indeed there is no reason why 
all that is required in chapter 39 should not be required under this 
chapter. In order that the teaching work may be "efficient" it is es- 
sential that good order shall have been maintained in the school; that 
the teacher shall have been competent, energetic, faithful and pro- 
gressive in the work of instruction. In other words, the district must 
have maintained what will be considered by every intelligent patron 
and the county superintendent as a good school in every essential 
particular. The term "adequate system of ventilation" includes also 
a system of heating. The tv/o naturally go together. It does not 
mean, however, that it is necessary for the district to purchase some 
patented system manufactured by regularly established firms and 
furnished through soliciting agents. As long as the system is "ade- 
quate" it will be considered sufficient. The attention of all school 
boards is called especially to the provisions of this chapter and chap- 
ter 39. They naturally go together, and the comments under chapter 
39 will make plain all particulars and espscially ■ those relating to 
methods of properly heating and ventilating the school room. Read 
also chapter 232. 



180 SCHOOL LAWS OF WISCONSIN. 



XYL— TOWNSHIP SYSTEM OF SCHOOL 
GOYEENMENT. 



Districts and sub-districts. Section 516. Every town 
which is now or may hereafter be organized in this state is 
hereby declared and constituted one school district for all the 
purposes in this chapter hereinafter prescribed and the several 
school districts and parts of joint districts which are now or 
may hereafter be established in the several organized towns shall 
be styled and known as sub- districts whenever such town shall 
have voted to adopt the township system of school government 
as provided in section 552. 

Sub -districts, formation and alteration of. Section 517. 
New sub- districts may be formed and the boundaries of any sub- 
district may be altered by the town board of directors at any 
regular meeting of said board; but the formation and alteration 
of any joint sub- district shall be by concurrent action of the 
board of directors of all the towns embraced in part in such 
sub-districts; provided, that no sub-districts shall be maintained 
or formed which has residing within its limits less than fifteen 
children of school age, and that in any sub-district such board 
may maintain so many branch schools ss the convenience of the 
school population may require. 

Board of directors. Section 518. The clerks of the sev- 
eral sub-districts in any organized town, together with the 
clerks of the joint sub- districts the. schoolhouses of which are 
situated in such town, shall constitute the town board of school 
directors. 

Their powers. Section 519. The said board shall be a 
body corporate and shall possess the usual powers of a corpor- 
ation for public purposes, by the name and style of "the board 



TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT. 181 

of school directors of the town •" (the name of the town 

to wliich the board belongs), and in that name shall sue and 
be sued, and be capable of contracting and being contracted 
with, and of holding real and personal estate and of selling the 
same, as authorized by law ; and the clerks of the various school 
districts, together with the clerks of the joint school districts 
the schoolhouses of which are situated in any town adopting 
the township system, shall constitute the first board of directors 
of such toAvn; they shall meet and organize within two weeks 
after the election at which such system shall be adopted, and 
hold their offices until the next annual meeting of the sub-dis- 
tricts of such town. 

Care of property. " Section 520. Each board of directors 
have, in their corporate capacity, the title, care and custody 
of all schoolhouses, schoolhouse sites, furniture, apparatus and 
other property of all kinds belonging to the sub-districts therein, 
and may control the same in such manner as will best subserve 
the interests of the schools in their town. 

Meetings. Section 521 (as amended by chapter 416, laws 
of 1901). The said board shall hold two regular meetings in 
each year. The first shall be the annual meeting and shall occur 
on the second Monday in June, and be held at, or as near as 
may be, the place where the last annual election was held; 
the second shall be the semi-annual meeting and shall occur on 
the third Monday in March, and be held at such place as the 
board may designate by rule or as was fixed at the preceding 
annual meeting. The hour of meeting shall be ten o'clock in 
the forenoon. 

Special meetings; members; expenses. Section 522. 
Special meetings may be called by the secretary, or in his ab- 
sence or disability, by the president upon the application of 
one4hird of the m.embers of the board, and shall be called by 
notifying each member personally or by leaving a written notice 
at his place of residence Dr business stating the time, place and 
objects of the meeting at least five days before the time ap- 
pointed therefor. The members shall be reimbursed their ex- 
penses actually and necessarily incurred* in attending all meet- 
ings, bills for which shall be audited by the board. 

Officers of board; secretary's compensation. Section 
523 (as amended by Chapter 160, Laws of 1901). The mem- 
bers of the board, a majority of whom shall constitute a quo- 



182 SCHOOL LAWS OF WISCONSIN. 

rum, assembled at each annual meeting, shall elect from their 
number a president and a vice president ; also a secretary who 
may or may not be of their number, but who shall be a resi- 
dent of the town and hold said office for one year or until his 
successor is elected. Such secretary shall receive compensation 
of not less than two nor more than three dollars per day for 
not to esceed twenty-five days in each school year, and the 
other members of the executive committee m^ay, when the elec- 
tors at the annual town meeting shall so decide, receive a' 
compensation of two dollars per day for not to exceed fifteen 
days in any one school year. The officers shall present a state- 
ment of their services rendered at the annual meeting of the 
board. Vacancies in either of such offices may be filled at any 
special meeting of the board, the notice for which shall state 
the object of the meeting to be to fill the vacancy existing, or 
at any semi-annual meeting; and the persons elected to fill any 
vacancy shall hold the remainder of the unexpired term. 

Section 2. In towns under the township system of school 
government, the electors assembled at the annual town meet- 
ing to be held the first Tuesday of April, 1901, and at every 
annual meeting thereafter, shall by ballot or viva voce vote 
elect three competent persons, tax payers in the town, who 
shall act as a committee of audit of school district accounts. 
This committee shall meet with the secretary of the town 
board of school directors of said town, on the Saturday im- 
mediately preceding such annual town meeting at such an 
hour and place as shall be previously agreed upon between 
•such committee and such secretary- of the town board of 
school directors. Said secretary shall thereupon place in the 
hands of said committee a copy of his report made to the 
town board of supervisors imder section 534 of the statutes of 
1898, with all books, accounts and vouchers in any way relating 
or pertaining to the management and conduct of the school af- 
fairs of the town. Upon receipt .of said reports, boous, accounts 
and vouchers, the committee shall immediately proceed to make 
a careful examination thereof and a written report of their 
findings and conclusions, said report to be presented and read 
to the electors assembled at the annual town meeting, immedi- 
ately after the presentation by the town board of supervisors of 
the report made to them by the secretary of the town board of 
school directors and before any action is taken by the electors 
of the town, as provided under section 535 of the statutes of 
1898. The report of this commitee shall be signed by the 
members, or a majority thereof, and shall be entered upon the 



TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT. 183 

record books of the secretary of the town board of school direct- 
ors, a3 a part of the records of the town. 

Sections 530 to 537 name the special duties of tlie secretary of the 
town board of school directors. His total compensation can not be made 
to exceed seventy-five dollars in any one year. 

School buildings, sites, etc. Section 524 (as amended by 
Chap. 351, Laws of 1901). The board may, out of the funds 
provided by the town for that purpose, purchase or hire sites, 
houses and rooms for the use of the schools, fence and improve 
the same, and upon such sites build, enlarge, alter, improve and 
repair school houses, outhouses or other buildings for school pur- 
poses, provide suitable water supply and arrange for the trans- 
portation of any or all pupils who live in said town, to and from 
any school or schools which the said board shall have estab- 
lished, maintained and designated and whenever any school house 
or site is no longer needed for school purposes m^ay sell and con- 
vey the same, such conveyance to be executed by the president 
and secretary of the board. 

Estimates of expenses. Section 525. Said board shall, 
at -the regular meeting in March, annually estimate and deter- 
mine the amount of money which will be necessary for the 
support of schools and for the building and repairing of school 
houses in the' town for the year beginning on the first day of 
July next following. 

Mainten8.nce and government of schools. Section 526 
(as amended by Chap. 351, Laws of 1901). Said board shall 
establish and maintain such and so many schools in the several 
subdistricts under their charge as they may deem requisite and 
expedient. There shall be at least one common school in each 
sub-district, provided that this provision may be suspended for 
any sub-district by the state superintendent, whenever the to^vn 
board of school directors shall present to him satisfactory evi- 
dence that they have made proper provision for the transporta- 
tion of pupils residing in any sub-district, to and from the 
school or schools in another sub-district or sub-districts, as the 
case may be. The board shall have the supervision and man- 
agement of all the schools, with full power to adopt, enforce, 
modify and repeal, from time to time, all rules and regulations 
not inconsistent with law necessary for their organization, grad- 
ation and control, and for the instruction given therein, and to 
establish and enforce proper penalties for the violation of such 
rules and regulations. 



184 SCHOOL LAWS OF WISCONSIN. 

Powers of boards. Section 527. All poAvers .conferred 
upon district boards by the provisions of this chapter, except- 
ing those the exercis,e of which would conflict with the provi- 
sions of law relative to the township system, are hereby con- 
ferred upon the town boards of directors herein provided for. 

Executive Gommittee. Section 528. The president, vic,e- 
president and secretary of the town board of directors shall con- 
stitute an executive committee, who shall execute all orders of 
the board; and for this purpose all power and authority vested 
in such board shall be deemed vested in the executive commit- 
tee, a.nd any duty devolved upon said board shall devolve upon 
such committee; but all the acts of the latter shall be subject 
to review by the board at any regular meeting thereof. 



Employment of teachers. Section 529. The executive 
committee shall employ so many qualified teachers as they shall 
deem necessary to give instruction in all the schools under the 
charge of the board. Each contract shall be in writing; shall 
be signed by the teacher and by the president and secretary; 
shall specify the wages per week, month or year agreed upon by 
the parties, and when completed shall be filed in the office of the 
secretary of the town board of school directors, with a copy of 
the teacher's certificate attached thereto. 

Secretary's duties. Section 530. The secretary shall 
record all the proceedings of the board; he shall keep an accu- 
rate and specific account of all expenses incurred by the board, 
including a list of all orders drawn hy him, with the date, 
amount, person in whose favor and object for v/hicli each order 
was issued; he shall properly file all papers deposited with him 
in accordance with law, and shall keep and preserve all books, 
papers and records belonging to hi 3 office and deliver the same 
to his successor. 

Map and change of sub -district. Section 531. He shall 
make and keep in his office an accurate map of his town showing 
the boundaries of all sub-districts and joint sub-districts and 
the location of all school houses and highways therein.. When 
a new sub- district is forired by the board of directors or one 
is altered he shall, within ten days thereafter, certify to the 
clerk of each sub- district affected by such formation or altera- 
tion a copy in writing of the record of the action of the board 
in the matter. 



TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT. 185 

Supervision of schools. Section 532. He shall have the 
immediate charge and supervision of all schools in the town, 
and shall, under the direction of the board, organize and grade 
them and assist the several teachers thereof in classifying and 
arranging them. He shall visit each school in his town at least 
twice during each term thereof; shall examine into its condi- 
tion and progress; consult with and advise the teachers in re- 
gard to the methods of instruction and government, and shall 
report to the board from time to time such improvements as 
his experience shall dictate are calculated to benefit the school. 

Orders on treasurer. Section 533. He shall draw orders 
on the town treasurer for moneys in the hands of such treasurer 
which have been apportioned to the town and for money col- 
lected or received by him from other sources for school purposes 
for the payment of teachers' wages, the purchase of school sites, 
the building, buying, hiring, repairing and furnishing of 
school houses and for all other lawful purposes, and each order 
shall designate the object for which and the fund upon which 
it was drawTi and shall be countersigned by the president. 

The town government has no control of schools established under 
the town system. Even the electors of the town have no control ex- 
cept to refuse to vote the estimates presented by the board. The 
treasurer holds all school money for the benefit of the school board, 
and it can only be paid out on its order. The town, having no author- 
ity as such to provide any moneys for the support of the schools un- 
der the care of the board of directors, is not liable upon the orders is- 
sued by that board when there are no funds in the hands of its treas- 
urer to pay such orders. Miller v. Jacobs, 70 Wis., 122. 

Secretary's report. Section 534. It shall be the duty of 
the secretary, at least five days before the annual town meet- 
ing or election each year, to make to the board of supervisors of 
the town a written statement showing the receipts of money for 
school purposes from all sources, and the disbursements of the 
same, actual and estimated, during the year ending on the last 
day of June next following, in which statements shall be given 
under separate heads: 

1. The amount in the treasury at the beginning of the year. 

2. Amount received from the state fund. 

3. Amount collected by town treasurer. 

4. Amount received from all other sources. 

5. The manner in which the sums have been expended, si)eci- 
fying the amount paid under each head of expenditure. 

6. Amount rem-aining in treasury. 

7. Amount of indebtednes-> of the township district and when 
and how payable. 



186 SCHOOL LAWS OF WISCONSIN. 

The secretary shall accompany the above statement with esti- 
mates of the board of the amount necessary for the support of 
schools during the year beginning on the first day of July next 
following, specifying the sums needed, under the following 
heads: 
- 1. Amount of teachers' wages. 

2. Amount for school house sites and for building, leasing or 
purchasing school houses. 

3. Amount for fuel. 

4. Amount for incidental expenses, including repairs, furni- 
ture, maps, globes, charts, and for all needful school room ap- 
purtenances. 

5. An amount not to exceed one hundred dollars to purchase 
library books. 

Action by electors on estimates. Section 535. Each 
town board of supervisors shall present such statements and 
estimates to the electors of the town at the annual town meet- 
ing, and the items thereof shall be passed upon separately by 
a vote of the electors present, but upon motion they may be in- 
creased or diminished; and if, for any reason, money for the 
support of schools shall not be voted at such meeting, or a 
sufficient amount shall not then be voted, the supervisors shall 
present the estimates before mentioned to the electors at the 
general election for a vote thereon. 

School registers. Section 536. The secretary shall fur- 
nish school registers in the form prescribed by -the state super- 
intendent, in which every teacher in the town shall be required 
to enter the names, ages and studies of all the scholars attend- 
ing schcol and, daily, their attendance and absence, which reg- 
ister shall be deposited with the clerk of the sub- district at the 
end of each term of school. 

Report to superintendent. Section 537. It shall be the 
duty of the secretary, on or before the first day of August in 
ea'Cli year, to make and- transmit to the county superintendent 
a report in writing bearing date on the first day of August in 
the year of its transmission, stating : 

1. The whole number of sub-districts separately set off within 
the town, and the number of parts of joint sub-districts in which 
the school houses belonging thereto are located in his town. 

2. The sub-districts and parts of sub-districts from which re- 
ports shall have been made within the time limited for that pur- 
pose. 



TOWNSHIP SYSTEM OP SCHOOL GOVERNMENT. 187 

3. The length of time a school shall have been taught in each 
of said sub-districts or parts of districts by a qualified teacher. 

4. The number of children taught in each, and the number 
of children over the age of four and under the age of twenty 
years residing in each, designating males and females separ- 
ately. 

5. The whole amount of money received in the town for 
school purposes since the date of the last preceding report, set- 
ting forth separately the amount received from the state' 
through the county treasurer, the amount levied by the county 
board and the amount raised by the town at its annual town 
meeting or general election. 

6. The manner in which said money has been expended, and 
whether any, or what pari;, remains unexpended, with, such 
other information as the state superintendent may from time to 
time reciuire. 

School taxes. Section 538. The town clerk shall appor- 
tion all sums voted for the support of schools upon the taxable 
property of the town as found in the tax roll for the year in 
which said money is voted, and the sums so apportioned shall, 
in all respects, be collected or returned delinqufint like other 
taxes, and when collected the money shall be held by the treas- 
urer and be by him paid out on the order of the president and 
secretary of said board. 

Taxation in counties, towns and school districts. 
(Chapter 439, Laws of 1903, amending Section 1074, Sub-di- 
vision 1, of Section 776, and also Section 730a, Statutes of 
1898.) Section 1074. The county board shall also at said 
meeting, determine by resolution the amount of taxes to be 
levied in their county for county purposes for the year, and also 
the amount to be raised by tax in each town for the support of 
common schools therein for the ensuing year, which shall not 
in any town be less than the amount apportioned to such town 
in the last apportionment of the income of the school fund ; and 
by separate resolution, adopted by majority of the members of 
the board not prohibited from voting thereon by section 703, 
determine the amount of tax to be levied to pay the compensa- 
tion and allowances of the county superintendents of schools 
and designate therein the cities exempt from taxation therefor; 
provided, however, that the total amount of county taxes as- 
sessed, levied and carried out against the taxable property of 
any county in any one year shall not exceed in the whole one- 



188 SCHOOL LAWS OF WISCONSIN. 

half of one per centum of the total assessed valuation of said 
county for the preceding year as fixed by the state board of 
equalization, excepting in so far as a larger percentage may 
be necessary in order to meet indebtedness incurred prior to 
the passage and publication of this act. 

Eoads and bridges. (Sub-division 1, of Section 776, 
amended by Chapter 439, Laws of 1903, as amended by Chapter 
13, Laws of 1905.) To vote to raise money for the repair 
and building of roads or bridges, or either; for the support of 
the poor and defraying all other charges and expenses of the 
town; provided, however, that the total taxes levied in any 
town for any one year for all town purposes, exclusive of school 
taxes and liabilities heretofore lawfully incurred, shall not ex- 
ceed in the whole, one and one-half per centum of the total as- 
sessed valuation of such town for the preceding year, as equal- 
ized by the town board of equalization, unless a larger sum is 
needed for the building or repairing of highways or bridges, in 
which case the electors may vote and the proper authorities may 
levy, not to exceed one-half or one per centum in addition to the 
aforesaid one and one-half per centum; provided, further, 
that not exceeding two percentum additional may be levied for 
school purposes when under the township system of school gov- 
ernment. 

Limitation of taxes. Section 430a. The total amount of 
school district tax hereafter levied in any school district in this 
state in any one year for building, hiring or purchasing any 
school building, and for the maintenance of schools, including 
teachers' wages and incidental expenses, shall not exceed two 
per cent, of the total assessed valuation of taxable property in 
such school district for the preceding year. 

This chapter is printed here as a whole, altlaough parts of it have 
already heen given in other places in this volume. It is of general 
interest to all town and district officers and voters and should be 
carefully studied in order that action taken at town and district meet- 
ings may not be declared invalid for lack of complying with the stat- 
ute. It seems to limit the amount of tax which may be levied for all 
school purposes to two per cent, of the assessed valuation in towns 
under the township system of school government and to two per cent, 
in all other .school districts. 

Proceedings if electors do not vote enough. Section 
539. If the electors of a town shall fail to vote an amount of 
money sufficient to maintain a school in each sub-district for 
eight months during the year ensuing, the secretary shall, ,on 



TOWNSHIP SYSTEM OF SCHOTOL GOVERNMENT. 189 

•or before the third Monday of November of the year in which 
the electors shall so fail, certify to the town clerk the amount 
estimated by the board of directors to be necessary for teachers' 
wages, fuel, repair of school houses and incidental expenses, 
and the town clerk shall apportion the aggregate sum thus 
certified upon all the taxable property of the to^vn in the tax 
roll for that year and the town treasurer shall collect the same 
as other taxes. 

Town treasurer's duty. Section 540. The town treasurer 
of each toivn shall apply for and receive from the treasurer of 
his county all money apportioned for common schools in his 
town, and shall keep it, together with all money collected or re- 
ceived by him for school purposes in a fund separate and dis- 
tinct from all other money belonging to the town, and shall pay 
out the same only upon the order of the president and secretary 
of the town board of directors. The town treasurer shall place 
to the credit of the school fund all money levied in the town for 
school purposes before placing any sum to the credit of any 
other fund or paying any town order. 

Sub-district meeting. Section 541 (as amended by Chap. 
416, Laws of 1901). The annual meeting of each sub-district 
shall be held on the first Monday in June unless that be a legal 
holiday, in which case it shall be held on the next day at seven 
o'clock in the afternoon. Such meeting shall be held in the 
school house in the sub-district if there be one ; and if there be 
none, at such place as the last annual meeting was held, unless 
such meeting shall have agreed upon another place, in which 
case it shall be held at such place. 

Powers of meeting. Section 542. The inhabitants quali- 
fied by law to vote, at a sub-district meeting, when assembled in 
annual meeting, shall have power and it shall be their duty: 

1. To appoint a chairman for the time being. 

2. To appoint a secretary if the clerk shall be absent. 

3. To choose a clerk. 

4. To recommend to the town board of directors the number 
of months they desire to have school maintained in their sub- 
district the ensuing year, and whether they desire a male or 
female teacher; the improvement and repairs which ought to 
be made on the school house, outhouses and grounds ; what maps 
and charts or other aids in teaching should be furnished, and 
generally any thing, matter or plan which in their judgment 



190 SCHOOL LAWS OP WISCONSIN. 

will advance tlie cause of education and benefit the school of 
their sub- district. 

Clerk's duties. Section 543. The clerk shall record the 
proceedings of all sub-district meetings; shall certify to the 
town board of directors any recommendations adopted by the 
electors of his sub-district in accordance with the provisions of 
the preceding section, and shall have charge of the school house 
and of all property therein or belonging or attached thereto, 
subject to the order or direction of the board of school di- 
rectors. 

Clerk, member of board, his report. Section 544. The 
clerk of the sub-district shall be a member of the town board of 
school directors, shall attend all meetings of the board, and 
shall carry out all lawful orders of the same having reference 
to the school house of his district or the school maintained, 
therein. It shall be the duty of the sub-district clerk, between 
the tenth and fifteenth days of July in each year, to make and 
transmit to the secretary of the town board of school directors 
a written report, dated on the tenth day of July of such year, 
signed by him and verified by his affidavit, shomng: 

1. The number of children, male and female designated sep- 
arately, over the age of four and under the age of twenty years, 
residing in the district, and the names of their parents or other 
persons with whom such children resided respectively on the 
last day of June preceding. 

2. The whole number of children, males and females, desig- 
nated separately, , between the ages of four and twenty .years, 
taught in the district school during the year for which such re- 
port is made by teachers duly qualified. 

3. The number attending school during the j^ear under the 
age of four and the number over the age of twenty years. 

4. The whole time, in days, any common school has been 
taught in the district, including holidays, and the whole num- 
ber of days, including holidays, such school has been taught by 
teachers qualified according to law. 

5. The names of all teachers employed during the year, the 
number of days taught by each, including holidays, and the 
monthly wages paid to each, and the time allowed any teacher 
for attendance on any institute from which no wages were de- 
dacted. - 

6. The kinds of books used in the school. 

7. Such other facts and statistics in relation to the schools, 
public or private, in such district as the state superintendent 



TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT. 191 

may from time to time require. The clerk of each joint sub- 
district shall report to the secretary of the town hoard of school 
directors, or to the town clerk of each town, as the case may re- 
quire, a part of which is embraced in such sub-district, the num- 
ber of children residing in such part, in the manner set forth 
in this section, and the remainder of the items specified in this 
section shall be embraced in the report made to the town in 
which the school house is situated. 

Notice of meeting. Section 545. The sub-district clerk 
shall give at least six days' notice of every annual meeting of 
the electors of his sub-district by posting notices therefor in 
four or more public places in the sub-district, one of which 
notices shall be affixed to the outer door of the school house, if 
there be one in the sub- district, and he shall act as secretary of 
all meetings when present. 

Clerk, appointment of. Section 546 (as amended by 
Chapter 131, laws of 1909). When a new sub-district is 
formed or a vacancy occurs in the office" of the sub-district 
clerk the executive committee of the board of directors shall 
appoint a clerk, who shall hold his office until the annual meet- 
ing of the sub-district next succeeding such appointment, and 
if such vacancy shall not be so filled within ten days the town 
or village clerk, and in the case of a joint sub-district, the clerk 
of the town or village in which the principal school house is 
situated shall fill such vacancy by appointment. Any person 
upon being notified of his appointment shall be deemed to 
have accepted the same unless within five days thereafter he 
shall file with the secretary or the president of the town board 
of directors a written refusal to serve. 

Joint sub-districts. Section 547. When a sub-district is 
composed of parts of two or more towns the board of directors 
of the town in which the school house is situated shall have the 
entire control of said sub- district, and shall maintain a school 
therein as in other sub- districts; and the clerk of such joint sub- 
district shall be a member of the board of directors of said 
town, without regard to the town in which he may reside. At 
the annual meeting in July the board of directors shall calcu- 
late and determine the cost of maintaining the schools in said 
joint sub-district for the year ending on the last day of June 
preceding the meeting of the board, and the secretary shall cer- 
tify such amount to the secretary of the board of each town em- 
braced in part in such joint sub-districts, together with the as- 



192 SCHOOL LAWS OF WISCONSIN. 

sessed valuation of said sub-district and each part thereof as 
found in the assessment roll of the said town for that year; on 
the receipt of such certificate the secretary of the board of di- 
rectors of each of said towns shall draw an order on the treas- 
urer of his town in favor of the town in which the school house 
of said joint sub-district is situated for such a proportion of 
the whole cost of maintaining said school as aforesaid as the as- 
sessed value of the property of his town embraced in said joint 
sub-district is to the whole valuation thereof, unless the propor- 
tion of such school district taxes to be assessed in each such 
town shall have been ascertained as provided in section 471, in 
which case he shall draw his order for such proportion, and said 
order shall be paid out of any money in the hands of said treas- 
urer collected or received by him for the support of schools in 
his town. 

Joint sub -districts not nnder township system. Section 
548. In case either of the towns embraced in part in said joint 
sub-district shall not have adopted the township system of 
school government, the certificate before mentioned shall be 
made to the clerk of said sub- district, and it shall be his duty to 
incorporate the proportional sum mentioned in the preceding 
section in the returns of district taxes made by him to the town 
clerk of the town not having adopted such system on the third 
Monday of November succeeding the receipt of said certificate ; 
and the said sum shall be assessed and collected with the othei 
taxes of that part of the joint sub-district, and shall be paid 
over by the the town treasurer collecting the same to the treas- 
urer of the town in which the school house of said joint sub- 
district is situated. 

Collection of taxes in such case. Section 549. When 
the school house of a joint sub-district is situated in a town 
which has not adopted the township system of school govern- 
ment, the taxes for the support of schools shall be raised, as- 
sessed and collected as provided in this chapter; but if any por- 
tion of said joint sub-district shall be embraced in a township 
which has adopted the township system, then the proportion of 
any district tax which should be assessed upon the property of 
such part of said sub-district shall be certified by the town 
clerk of the town in which the school house of said sub-district 
is situated to the secretary of the town board of directors of 
the town comprising the part of the said joint sub-district be- 
fore mentioned; and said secretary shall draw an order upon 



TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT. 193 

the town treasurer of liis town in favor of the treasurer of 
the joint snb-district for the amount of tax thus certified, and 
the said town treasurer shall pay the same out of any money 
held or received by him for school purposes. 

Apportionment of tax for buildings, etc. Section 550. 
Prior to the erection of any school house by the board of di- 
rectors they shall estimate and determine the valuation of the 
school houses and sites in their town provided by the several 
districts while under the district system, and when so deter- 
mined the secretary shall place upon record a tabular statement 
containing the number of each sub-district, the value of its 
school house and site and the valuation of its taxable property 
as appears from the last assessment roll of the town ; and there- 
after for a period of ten years from the date of the meetino; at 
which such determination of values was had, when a tax shall 
be voted to build a school house or purchase a site such tax shall 
be so distributed and assessed upon the several sub-districts 
that those having the least amount invested in schoolhouses and 
sites in proportion to the assessed valuation of their property 
as appears from the record made at the time of the determina- 
tion of values aforesaid shall pay most toward said tax in pro- 
portion to the valuation of the property at the time the tax is- 
assessed, in order that the sums paid by the different sub-dis- 
tricts in the town for the purchase of sites and the erection of 
schoolhouses shall be equalized; but if the board of directors 
of any town shall decide that taxes for the purchase of sites and 
the erection of schoolhouses shall be assessed equally upon prop- 
erty, then the aforesaid provision in reference to equalizing such 
taxes shall not be operative in such town. 

Application to cities and. villages. Section 551. When- 
ever the territory of a school district of an incorporated village 
shall extend beyond the limits of such village the whole of such 
territory shall remain in such district and form a part thereof 
until detached by authority of law ; and such district and every 
village containing a graded school of three or more departments 
shall be exempt from the provisions of this chapter relating to 
the township system except as hereinafter provided. When- 
ever a school district includes within its limits an incorporated 
village or city or maintains a graded school of three or more de- 
partments, the adoption of the to^^TQship system of school govern- 
ment by any town, city or village whose territory includes such 
school district shall not affect the boundaries, organization or 
management of such school district, but it shall be exempt from 
13— S. L. 



194 SiCHOOL LAWS OF WISCONSIN. 

the operation of such township system and be and remain an 
independent school district and be conducted and managed in 
accordance with the law relating to independent school districts 
unless said school district shall, by a majority vote of the elect- 
ors of said district at an annual or special school meeting held 
previous to the adoption of the township system by said town 
decide to accept the township system of school government Avhen 
adopted by the town of which said district is a part. And pro- 
vided further, that the voters of any such district thus exempted 
from the operation of the township system shall have no voice 
in the adoption of the township system by the town. 

Adoption of system. Section 552. The voters of any 
town may, at any annual town meeting or general election, vote 
upon the qucDtion of township school government. Such voting 
shall be by ballot, and the ballots used shall have written or 
printed thereon the words "township school government, yes;" 
or the words "township school government, no." A separate 
box shall be provided for the reception of said ballots, and the 
votes cast shall be counted, canvassed and a record thereof made 
as in case of other votes cast at such election; and if it shall ap- 
pear that a majority of the ballots cast have thereon the words 
"township school government, yes," then the provisions of this 
chapter providing for the township system shall immediately 
becom^e- operative in such town, otherwise they shall have no 
force or effect therein. No vote shall be taken on such question 
unless notice thereof shall be given as hereinafter provided. 
The clerk of any town upon the request in writing of any ten 
electors thereof asking him so to do,, shall post in three public 
places in said to^^Ti a notice in writing that the question of 
adopting the touoiship system of school government will be sub- 
mitted to the electors thereof at the ensuing annual town meet- 
ing or general election. Such notice shall be posted at least 
ten days before the holding of any such meeting or election ; 
and any town having adopted such system may abolish the 
sam.e at any such meeting or election in the manner provided 
for its adoption; but when the system shall be adopted it shall 
continue in force two years before the question of abolishing it 
shall be acted upon. Whenever the electors of any incorpor- 
ated village having a graded school with three or more depart- 
ments 'shall desire to adopt the township system of schools they 
may vote upon the question at any charter or general election; 
such election shall be by ballot of the form above prescribed 
and upon like notice, -and if a majority of the votes cast upon 
that subject shall be in favor of the adoption of said system 



TOWNSHIP SYSTEM OF SCHOOL aOVERNMENT. 195 

sucli village shall become a part of the to■\^^Qship system of the 
town in which the same is situated. Whenever any- town hav- 
ing adopted the township system shall vote to abolish the same 
the to\^Ti board of supervisors shall, on or before the first day 
of Jnne next succeeding the date at which the vote was taken, 
meet and by an order made in -pursuance of section 413 divide 
the town into suitable independent school districts, making 
the order to take effect on the first day of July next following. 
The sub-district clerks and the secretary of the town board of 
directors for the year preceding shall make the annual reports 
for the year ending on that day as required by law notwith- 
standing their ofiices shall have been abolished. 

Irregularities in proceedings, effect on taxes. Section 
552a. "Whenever any town has attempted or shall attempt to 
adopt the township system pursuant to section 552, the validity 
of any and all taxes for school purposes heretofore or hereafter 
levied and assessed therein shall not be questioned in any action 
or proceeding, so far as the regularity of the proceeding of any 
such town in the adoption of such system is concerned unless 
the plaintiff shall show that he would be required to pay more 
than his equitable proportion of taxes; and any and all school 
taxes heretofore levied in any such town which have been voted 
at the annual toA^m. meeting are hereby declared to be valid, 
even though the provisions of section 535 shall not have been 
complied with. 

Payment of loans. Section 553. Whenever any school 
district in any town adopting the township system shall be in- 
debted at the time of such adoption upon a loan from the state 
or otherwise, such district shall remain liable for the payment 
of such indebtedness, and no alteration of the boundaries af 
such district as a sub-district in such town shall ever be made 
until such debt is fully paid, except as provided in section 263. 
The clerk of such sub-district shall annually certify to the town 
clerk the sum necessary to be raised as taxes in such sub-district 
for the payment of such indebtedness, with interest thereon, in 
the same manner and with like effect as the clerk of such dis- 
trict was required by law to certify the same, and the town 
clerk shall extend the amount of such taxes upon the tax roll 
upon the taxable property of such sub-district in like manner 
as if the same had been certified by the clerk of such district, 
and the same shall be collected by the town treasurer and be ap- 
plied by him exclusively to the payment of such debt. 



196 SCHOOL LAWS OF WISCONSIN. 



XYIL— COUNTY TRAINING SCHOOLS FOR 
TEACHERS. 



How organised. (Chapter 338, laws of 1903, amending 
chapter 373, laws of 190'1, creating five new sections relating 
to county training schools for teachers.) Section 1. The 
oounty board of any county within which a state normal school 
is not located, is hereby anthorizecl to appropriate money for 
the organization, equipment and maintenance of a county train- 
ing school for teachers of the common schools. 

Board for; appointments, vacancies, bond, organization. 

Segtion 2. A hoard to be known as the county training school 
board, is hereby created, who shall have charge and control 
of all matters pertaining to the organization, equipment and 
maintenance of such school, except as otherwise provided by 
law. Said board shall consist of three members, one of whom 
shall be the county superintendent of schools of the county 
or district in which the school is located. The other members 
of the board shall be elected by the county board, for the term 
of three years from the date of their election. Vacancies ex- 
isting in the board, from whatever cause, except in the case of 
the county superintendent, shall be filled by appointment made 
by the chairman of the county board, if -the county board is 
not in session when such vacancy occurs. If the county board 
is in session, vacancies shall be filled by election by said board 
for the unexpired term. Appointments made by the chairman 
of the county board, as hereinbefore specified, shall be for the 
time to elapse until the next regular meeting of the county 
board. Each person appointed or created a member of the 
county training school board shall within ten days after the 
notice of such appointment, take and subscribe an oath to sup- 
port the constitution of the United States and the constitution 
of Wisconsin, and honestly, faithfully and impartially to dis- 



COUNTY TRAINING SCHOOLS FOR TEACHERS. 197 

charge his duties as a member of said board, to the best of his 
ability, which oath shall be filed in the office of the county clerk. 
He shall also, within the same time, file a bond in such sum 
as may be fijsed by the county board, which bond shall be filed 
in the office of the county clerk. Within fifteen days after the 
appointment of said board, the members thereof shall meet and 
organize by electing one of their number as president and one 
as treasurer; the county superintendent of schools shall be ex- 
officio secretary of the said board. The said board shall pre- 
scribe the duties of the several officers, except as fixed by law. 

Moneys for; how paid. Section 3. All moneys appro- 
priated and expended under the provisions of this act shall be 
expended by the county training school board, and shall be paid 
by the county treasurer on orders issued by said board. 

Number that may be organized. Section 4 (as amended 
by chapter 264, laws of 1909, amending chapter 601, laws of 
1907, amending chapter 373, laws of 1901 as amended by chap- 
ter 338, laws of 1903). Section 411 — 4. The state superin- 
tendent shall give such information and assistance as may seem 
necessary in organizing and maintaining such training schools. 
He shall prescribe the course of study to be pursued; shall 
have the general supervision of all schools established under this 
act; shall from time to time inspect the same, make such recom- 
mendations relating to their management as he may deem nec- 
essary, and make such reports thereon as shall give full in- 
formation concerning their number, character and efficiency, 
provided that he shall not place upon the said list more than 
* * '* twenty-six schools. 

Section 411—5. 1. Any school established under the pro- 
visions of this act, whose courses of study and the qualifications 
of whose teachers have been approved by the state superin- 
tendent, may, upon application, be placed upon an approved 
list of county training schools for teachers. A school once 
entered upon such list may remain listed and be entitled to 
state aid so long as the scope and character of its work are 
maintained in such manner as to meet the approval of the state 
superintendent; provided, that he shall not place upon said list 
more than * * * twenty-six schools. On the first day of 
July in each year the secretary of each county training school 
board maintaining a school on the approved list shall report 
to the state superintendent setting forth the facts relating to 
the cost of maintaining the school, the character of the work 



198 SCHOOL LAWS OF WISCONSIN. 

done, the number and the names of teachers employed and such 
other matters as may be required. 

2. Upon the receipt of such report, if it shall appear that the 
school has been maintained in a satisfactory manner for a 
period of not less than ten months during the year closing on 
the thirtieth day of the preceding June, the said superintendent 
shall make a certificate to that effect and file it with the sec- 
retary of state. Upon receiving such certificate, the secretary 
of state shall draw his warrant, payable to' the treasurer of the 
county maintaining such school for a sum equal to two-thirds 
the amount actually expended for maintaining such school dur- 
ing the year, provided, that the total amount so apportioned 
shall not exceed thirty-five hundred dollars in any one school 
year to any one school. 

Section 6. [411 — 6a.] No member of any county training 
school board shall be employed in the county training school 
for teachers, either as principal or as assistant teacher during 
the term for which he was elected or appointed as a member of 
such county training school board, nor shall any person be 
employed as a teacher in such school who is not legally quali- 
fied for the position of principal of a free high school having a 
four year course of study, provided that the provisions of this 
section shall not apply to any person now engaged as a teacher 
in a county training school. 

By this act the number of county training schools for teachers is 
increased to twenty-six and the sum necessary to enable the 
state superintendent to apportion a sum equal to two-thirds of the 
amount actually expended for maintaining such schools during the 
year, is also provided for. ^ 

Certificates to graduates; effect of. Section 6 (as 
amended by chapter 509, laws of 1905). Any person who shall 
complete in a satisfactory manner the course 'of study prescribed 
for any county training school, and who shall be of good moral 
character, shall receive a certificate signed by the principal of 
the school and by the member3 of the county training school 
board. Said certificate shall certify that the person named 
herein has satisfactorily completed the course of study prescribed 
for the county training school, and is of good moral character, 
it shall also contain a list of the standings secured by the person 
on the completion of each of the studies pursued in the school. 
Such certificates shall have the force and effect of a third grade 
certificate issued by the county superintendent of the county or 
district in which the school is located, for the term of three 
years from the date of its issue, provided that in case the holder 



COUNTY TRAINING' SCHOOLS FOR TEACHERS. 199 

thereof has never taught, or cannot furnish satisfactory evi- 
denco of having successfully taught for at least one school year 
(eight monthsi) in the public schools of this state, said certifi- 
cate shall be of full force and effect for one year only, from its 
date of issue. When satisfactory evidence of successful teach- 
ing for at least one year (eight months) upon said training 
school certificate shall be furnished to the county or district 
superintendent, said superintendent shall remove the limitation, 
whereupon the training school certificate shall have the full 
force and effect of a third grade teachers' certificate for two 
additional years. Any school superintendent or officer author- 
ized to grant certificates to teachers in Wisconsin schools is 
hereby authorized, in. his discretion, to accept standings ob- 
tained by the completion of studies in any county training 
school in the state, when duly certified by the principal of 
said school, in lieu of actual examination by said superintend- 
ent or examiner at any time within three years from the date 
of the certificate of completion of the course by the person 
desiring to have such standings accepted. This provision shall 
apply to certificates of third and second grades. 

Joint training schools between counties. Section 7 
(as amended by chapter 98, laws of 1909). Section 411 — 7. 
1. The county boards of two or more adjoining counties may 
unite in establishing and maintaining a training school for 
teachers for the purposes and on the same general plan as pro- 
vided for in * * * sections 411 — 1 to 411-^6, inclusive, 
of the statutes, and may appropriate money for its maintenance, 
and whenever two or more counties unite in establishing such 
a school, the county superintendents of the counties so uniting 
and two members in addition chosen from each such county, no 
member of any county board being eligible thereto, shall con- 
stitute the joint county training school board, of which the 
superintendent of the county in which the schoolhouse is 
* * * located shall be ex-officio secretary. * * * 

2. If, at the time of establishing such school, the counties so 
uniting shall neglect to procure a site or to erect a school build- 
ing therefor, such joint county training-school board shall have 
power, subject to the approval of the state superintendent, to 
procure such site and to erect a suitable school building there- 
on. The joint county training school board shall have power, 
subject to the approval of the state superintendent to borrow 
money for the purposes of this act from the trust funds of the 
state only, payable in not to exceed ten years with the annual 



200 SCHOOL LAWS OP WISCONSIN. 

interest at the rate of not to exceed three and one-half per- 
centum, but the total amount of such loans shall not at any time 
exceed twelve thousand dollars. Loans for site and building 
purposes shall be made payable in equal annual installments,, 
and provisions for the payment of each such installment, and 
accrued interest, shall be made in the tax levy and apportion- 
ment mentioned in section 411 — 8 of the statutes. 

Section 411 — 8. Whenever two or more counties unite in 
establishing and maintaining such school, the county school 
board provided for in such cases shall determine the amount 
of money necessary for the maintenance and equipment of the 
school for the next succeeding year, and annually thereafter. 
They shall apportion the amount to be raised by taxation among 
the counties in proportion to the assessed valuation of the real 
and j)ersonal property in each county as last fixed by the state 
board of assessment, and shall report to the county clerk of 
each county on or before the first Monday of November in each 
year, the amount of the apportionment so fixed, and such 
amount shall be levied in the county tax of each county for the 
ensuing .year for the support of the school. Each county treas- 
urer shall, immediately upon the collection thereof, pay over all 
moneys levied and collected pursuant to the provisions of this 
act to the treasurer of the joint county training school board 
and file the latter 's receipt therefor as a voucher. 

Who may be admitted. Section 10. The board of any 
training school for teachers established under this law in a 
single county, or by two or more adjoining counties, shall ad- 
mit to said school, whenever the facilities provided will warrant 
said board in so doing, any person prepared to enter such 
school, and who may reside in any county out not within the 
district where any training school has already been established. 
Persons so admitted shall be entitled to the same privileges 
and subject to the rules of the board adopted for the govern- 
ment of such school. 

Tuition of non-residents, how collected. Section 411 — ■ 

11 (as amended by chapter 223, laws of 1909). Whenever 
any person not residing in any training school district 
shall become a student in any training school, the board 
of such school is hereby empowered to charge a tuition 
fee for such person to be fixed by a majority of the members 
of said board at a regular meeting thereof, provided that such 
tuition fee shall not exceed seventy-five cents per week for each 
non-resident pupil. 



COUNTY TRAINING SCHOOLS FOR TEACHERS. 201 

The county board of supervisors of the comity of which such 
person is a bona fide resident, is hereby authorized to, and 
* * * shall provide by tax upon the property of the county, 
a sum sufficient to provide for the payment of the tuition on 
account of the residents of said county, who have attended 
such teachers' training school, and the, amounts so levied shall 
be collected when and as other taxes are collected, and shall 
be paid by the county treasurer of said county to the coimty 
treasurer of the county in which the training school enrolling 
such person is situated, and the amount so received by such 
treasurer shall be placed to the credit of the teachers' training 
school district. 

Appropriation. Section 12. There is hereby appropriated 
out of any money in the treasury not otherwise appropriated, a 
sufficient sum to carry out the provisions of this act. 



202 SCHOOL LAW'S OF WISCONSTTT. 



XVIfL— COUNTY SCHOOLS OF AGRICUL- 
TURE AND DOMESTIC SCIENCE. 



How organized. (Chapter 313, laws of 1909, amending chap- 
ter 288, laws of 1901.) Section 553e. 1. The county board of 
any county is hereby authorized to appropriate money for the 
organization, equipment and miaintenance of a county school of 
agriculture and domestic economy. The county boards of two 
or more counties may ujiite in establishing such a school and 
may appropriate money for its organization, equipment, and 
maintenance. 

2. Immediately after the county board or county boards 
shall vote to establish a county schooL of agriculture and do- 
mestic economy, the county clerk or clerks of such county or 
counties, shall notify the dean of the college of agriculture of 
such vote for the establishment of such school. 

3. The dean of the college of agriculture, the state superin- 
tendent of public instruction, and the president of the board 
of agriculture, acting as a com^mittee for such purpose, shall de- 
cide upon and notify the county board or boards as to the 
proper location for such county school of agriculture and do- 
mestic economy and the county school of agriculture and do- 
mestic economy shall be located at such place as is determined 
upon by such committee. 

Section 553 1. 1. Any school established under the pro- 
visions of this act, whose course of study and qualifications of 
whose teachers have been approved by the state superintend- 
ent and the dean of the college of agriculture may, upon appli- 
cation, be placed upon an approved list of county schools of 
agriculture and domestic economy. A school once entered 
upon such list may remain listed and be entitled to state aid so 
long as the scope and character of its work are maintained in 
such manner as to meet the approval of the state superintend- 
ent; provided, that he shall not place upon said list more thaij 
* * * ten schools. 



COUNTY SCHOOLS OF AGRICULTURE. 203 

2. On the first day of July in each year the secretary of 
each eoimty school board maintaining -a school on the approved 
list, shall report to the state superintendent, setting forth the 
facts relating to the cost of maintaining the school, the char- 
acter of the work- done, the number and names of teachers em- 
ployed and such other matters as may be required by the county 
board or the state superintendent. Upon the receipt of such 
report, if it shall appear that the school has been maintained 
in a satisfactory manner for a period of not less than eight 
months, during the year closing on the thirtieth day of the 
preceding June, the said superintendent shall make a certifi- 
cate to that effect and file it with the secretary of state. 

3. Upon receiving such certificate, the secretary of state shall 
draw his warrant, payable to the treasurer of the county main- 
taining such school, for a sum equal to two-thirds the amount 
actuall}'^ expended for maintaining such school during the year; 
provided, that the total amounts so apportioned shall not ex- 
ceed four thousand dollars to any one schoolin any one year; 
when more than one county hag contributed to the support of 
the school, the secretary of state shall draw his warrant payable 
to the treasurer of each county for such portion of the state 
aid as the amount contributed by his county is part of the total 
amount contributed by all the counties for the support of the 
school for the preceding year. The secretary of state shall an- 
nually include and apportion in the state tax such sum as shall 
have been so paid. 

Section 2. (Chapter 288, laws of 1901.) A board to be 
known as the county school board is hereby created, which 
shall have charge and control of all matters pertaining to the 
organization, equipment and maintenance of such school, ex- 
cept as otherwdse provided by lav/. Said board shall consist of 
three members, one of whom shall be the county superintendent 
of schools of the -county or district in which the school is located. 
The other members of the board shall be elected by the county 
board for the term of three years from the date of their election, 
but no member of the county board shall be eligible. Vacan- 
cies existing in the board from whatever cause, except in the 
case of the county superintendent, shall be filled by appoint- 
ment made by the chairman of the county board, if the county 
board is not in session when such vacancy occurs. If the county 
board is in session, vacancies shall be filled by election by said 
board for the unexpired term. Appointments made by the 
chairman of the county board, as hereinbefore specified, shall 
be for the term to elapse until the next regular meeting of the 
county board. Each person appointed or created a member of 



204 SCHOOL LAWS OP WISCONSIN. 

the county scliool board, jihall within ten clays after the notice 
of such appointment, tal^e and subscribe an oath, to support the 
constitution of the United States and the constitution of Wis- 
consin and honestly, faithfully, and impartially to dischargo 
his duties as a member of said board, to the best of his ability, 
which oath shall be filed in the office of the county clerk. He 
shall also, within the same time, file a bond in such sum as may 
be fixed by the county board, which bond shall be filed in the 
office -of the county clerk. "Within fifteen days after the ap- 
pointment of said board, the members thereof shall meet and 
organize by electing one of their number as p'resident. The 
comity superintendent of schools shall be ex-officio secretary of 
the said board. The said board shall prescribe the duties of the 
several officers, except as fixed by law. 

Section 3. Whenever two or more counties unite in estab- 
lishing such a school, the provisions of section 2 of this act 
shall apply to the organization of the county school board, and 
to filling vacancies therein, provided that the county superin- 
tendent of the county in Avhich the school is located shall be a 
member of the board and ex-officio its secretary, and two mem- 
bers shall also be elected from each county by the county board 
thereof. But no member of the county board shall be eligible. 

Section 4. Whenever two or more counties unite in estab- 
lishing and maintaining such school, the county school board 
provided for in such cases shall determine the amount of money 
necessary for the equipment and maintenance of- the school 
for the second year, and annually each year thereafter; they 
shall apportion the amount to be raised by taxation among 
the counties in proportion to the assessed valuation of each 
county, as last fixed by the state board of assessment, and shall 
report to the county clerk of each county the apportionment so 
made on or before the first Monday of November in each year. 
The amount so apportioned to each county shall be levied in the 
county tax for the ensuing year for the support of the school. 

Section 5. The-coimty treasurer shall be ex-officio treas- 
urer of said board; all moneys appropriated and expended 
under the provisions of this act, shall be expended by the county 
school board, and shall be paid by the county treasurer or treas- 
urers on orders issued by said board, and all moneys received 
by said board shall be paid to the county treasurer for the 
fund of the county school board. 

Section 6. In all county schools of agriculture and domes- 
tic economy organized under the provisions of this act, in- 
Btruction shall be given in the elements of agriculture, including 



COUNTY SCHOOLS OF AGRICULTURE. 205 

iustructiori concerning the soil, the plant life, and the animal 
life of the farm ; a system of farm accounts shall also be taught ; 
instruction shall also be given in manual training and domestic 
economy,, and such other subjects as may be prescribed. 
. Section 7. Each such school shall have connected with it a 
tract of land suitable for purposes of experiment and demon- 
stration, and not less than three acres in area. 

Section 8. The schools organized under the provisions of 
this, act shall be free to inhabitants of the county or counties 
contributing to their support, who shall be qualified to pursue 
the course of study, provided they shall have at least the qual- 
ifications reciuired for completion of the course of study for 
common schools. Whenever students of advanced age desire 
admission to the school during the winter months in sufficient 
number to warrant the organization of special classes for their 
instruction, such classes shall be organised and continued for 
such time as their attendance may make necessary. 

Section 9. The state superintendent shall give such informa- 
tion and assistance and establish such recpiirements as may seem 
necessary for the proper organization and maintenance of such 
schools. With the advice of the dean of the college of agricul- 
ture of the state university, he shall prescribe the courses of 
study to be pursued, and determine the qualifications required 
of teachers employed in such schools. He shall have the general 
supervision of all schools established under this act ; shall from 
time to time inspect the same, make such recommendations re- 
lating to their management as he may deem necessary, and make 
such report thereon as shall give full information concerning 
their number, character and efficiency. 



206 SCHOOL LAWS OF WISCONSIN. 



XIX.— DAY SCHOOLS FOR DEAF AND FOE 
THE BLIND. 



How organised. (Cliapter 128, laws of 1907, amending 
sections 578 and 579a, cliapter 86, laws of 1903, and creating 
sections 579m and 579n, statutes of 1898.) Section 578. 1. 
Upon application by the board of education of any village or 
city, made to the state superintendent, he may grant permission 
to such city or village to establish and miaintain within its cor- 
porate limits one or more schools for the instruction of deaf 
persons who are residents of this state. 

2. (as amended by chapter 537, laws of 1909.) The board 
of education of any village or city which shall maintain one 
or more such schools, shall through its clerk or secretary report 
to the state superintendent annually, and oftener if he so direct, 
such facts relative to such school or schools as he may require. 

(2) There shall be paid out of the state treasury annually 
in the month of July,' to the treasurer of the school district 
board or of the board of education in the city or village main- 
taining such school or schools under the charge of one or more 
teachers, whose qualifications shall be approved by the state 
superintendent, the sum of one hundred fifty dollars for each 
deaf pupil instructed in such school or schools at least nine 
months during the year nest preceding the first day of July, 
and a share of such sum proportionate to the term of instruc- 
tion of any such pupil who shall be so instructed less than nine 
months during such year, and the additional sum of one hun- 
dred dollars for each deaf pupil not residing in the school dis- 
trict where the school for the deaf is located, but residing in 
this state, who has been so instructed, and who finds it neces- 
sary while attending the school for the deaf to pay for board 
in the district maintaining such school or schools or to pay 
for transportation to and from such school, or both, when the 
parents of such deaf child are unable to meet this expense, and 



DAY SCHOOLS FOR THE DEAF*. 207 

a share of such one huuclred fifty dollars or two hundred fifty 
dollars as the case may be proportionate to the term of instruc- 
tion of any such pupil who shall be so instructed less than nine 
months during such year. 

(3) The school board of the district maintaining such a 
school may use such part of the state aid provided for in this 
act in the payment of board and transportation of said non- 
. resident pupils, m it shall find necessary. 

Section 579a. 1. The -state superintendent of public in- 
struction may appoint a competent person who shall act under 
his direction as inspector of public day schools for the deaf. 
"When not engaged in the inspection of the schools for the- deaf 
said inspector m^ay be assigned to such other duties as the state 
superintendent may determine and designate. 

2. The inspector shall receive an annual salary of fifteen 
[eighteen] hundred dollars and reimbursements for all actual 
and necessary traveling expenses incurred, when duly certified 
by the state superintendent; provided, that no more than five 
hujidred dollars shall be allowed for expenses. The salaiy and 
expenses shall be paid in tlie same manner as the state officers 
are paid. 

. 3'. It shall be the duty of the treasurer oi the school dis- 
trict board or of the board of education receiving the aid pro- 
vided for in section 578 of the statutes of 1898, to render an- 
nually to the superintendent of public instruction an item- 
ized statement of all expenditures of said school or schools. 
Any surplus at the end of the year shall be reserved as a spe- 
cial fund for the deaf school and can be used for no other pur- 
pose. 

4. It shall be the duty of the inspector to report annually 
to the superintendent of public instruction as to the condition 
and progress of the day schools and make such recommenda- 
tions as he may deem proper for the improvement of the same. 

Section 579m. 1. Any par-ent or guardian having under his 
control a deaf child between the ages of six and sixteen years 
who is incapacitated for attending a common school shall cause 
such child to attend some public, private, parochial or state 
school established for the instruction' and education of the 
deaf, for a period of at. least eight months during any school 
year. 

2. Any person who shall neglect or refuse to obey the pro- 
visions of this section shall, upon conviction, be punished by 
a fine of not less than five dollars nor more than fifty dollars, 
or by imprisonment in the county jail, not exceeding three 
months for each ofi^ense. 



208 S€HOOL LAWS OF WISCONSIN. 

3. This section sliall not apply to any child not in proper 
physical or mental condition to attend school or receive in- 
struction who shall be able to show a certificate to that effect, 
signed by a reputable physician in. general practice. 

Section 579n. It shall be the duty of the district attorney 
upon proper complaint, made by a city superintendent or a 
county superintendent of schools, or the inspector of the day 
schools for the deaf, to prosecute any parent or guardian fail- 
ing to comply with this act. The case shall be tried before 
the county judge and the cost of prosecution shall be added 
to the fine. 

Education of blind children. - (Chapter 199, laws of 1909, 
amending chapter 551, laws of 1907, creating section 579 and 
referring to and including certain sections in chapter 128, laws 
of 1907.) Section 579o. Sections 578, 579a, 579m, and 579n 
of the statutes, and all acts amendatory thereof, shall, so far as 
applicable, provide for and apply to schools for the blind, ex- 
cept that there shall be paid out of the state treasury annually 
in the month of July to the treasurer of the school district 
board, or of the board of education in any city or village ma-in- 
taining a school or schools for the blind under the charge of 
one or more teachers, whose cjualifications shall be approved by 
the state superintendent, the sum of two hundred dollars for 
each blind pupil instructed in such school or schools at least 
nine months during the year next preceding the first day of 
July, and a share of such sum proportionate to the term of in- 
struction of any such pupil who shall be so instructed less than 
nine months during such year ; the said sum of two hundred 
dollars to include instruction :n music and manual training, 
and to cover necessary expenses for material and printing in 
connection with the work of any such school or schools; and 
the state superintendent of public instruction may authorize 
and instruct the inspector of day schools for the deaf, acting 
under his direction, to inspect day schools for the blind with- 
out additional compensation. 

Provides lor the estabJishmeut of public schools for the blind. It 
appears that these schools ma:/, lil'e the day schools for the deaf, be 
located in communities v-here there are enough pupils to justify the 
organization of such a school. The sections above referred to will be 
found in the provisions of chapter 128, printed in this pamphlet. 
These schools are presumed to be maintained and inspected in the 
same way that the day schcols for the deaf are jiraintained, inspected 
and directed. 



TRADE SCHOOLS. 209 



XX.- TKADE SCHOOLS. 



How organized and maintained. (Chapter 155, laws of 
190&, amending section 926 — 22 and 926 — 26, only, of Chap. 
122 of the laws of 1907.) Setcion 926—22. Any city in 
the state of Wisconsin or any school district having within 
its limits a city desiring to establish, conduct and maintain 
a school or schools for the purpose of giving practical instruc- 
tion in the useful trades to * * * young men having at- 
tained the age of sixteen years and young women having sX- 
tiained the age of fourteen years as a part of the public 
school system of. such city, is empowered to do so by comply- 
ing with the provisions of sections 926 — 23 to 926 — 30 inclusive, 
statutes of 1898. 

926—23. Such trade school or schools shall be under the 
supervision and control of the school boards of the respective 
cities or school districts in which they may be located. 

926—24. The school board of every such city or school dis- 
trict is given full power and authority to establish, take over 
and maintain a trade school or schools, equip the same with 
proper machinery and tools, employ a comi:)etent instructor or 
instructors, and give practical instruction in one or more of 
the common trades. Such a trade school shall not be maintained, 
however, unless there be an average enrollment of at least thirty 
scholars. 

926 — 25. Whenever any school board shall have established 
or taken over an established trade school, such school board 
may prepare the courses of study, employ instructors, pur- 
chase all machinery, tools and supplies, j)urchase or lease suit- 
able grounds or buildings for the use of such school and ex- 
ercise the same authority over such school which it now lia:i 
over the schools under its charge. 

926 — 26. Whenever any school board shall have established 
or taken over an already established trade school or schools, it 
may appoint an advisory committee to be known as the commit- 
14— S. L. 



210 SCHOOL LAWS OP WISCONSIN. 

tee on trade schools, consisting of five citizens not members of 
the school board, each of whom is experienced in one or more 
of the trades to be taught in the school or schools, to assist in 
the administration of the trade school or schools located in that 
city, which eommittee shall be appointed by the president of 
such school board with the approval of the majority of the 
board. Such committee shall have authority, subject to the 
approval and ratification of the school board, to prepare courses 
of study, employ or dismiss instructors, purchase machinery, 
" tools and supplies, and purchase or rent suitable grounds or 
buildings for the use of such trade schools. When any such 
committee on trade schools is appointed, two of its original 
members shall be appointed for the term of one year, ^* * * 
two for the term of two years, and one for the term of three 
years, and thereafter, as the terms of these members so ap- 
pointed expire, their successors shall be appointed each for the 
term of three years. In case of any vacancy during the term 
of any member of said committee, said school board shall fill 
such vacancy by appointment for such unexpired term. 

926 — 27. Students attending any such trade school may be 
required to pay for all material consumed by them in their 
work in such school at cost prices, or in lieu thereof the school 
board may establish a fixed sum to be paid by each student 
in each course w^hich sum shall be sufficient to cover, as nearly 
as may be, the cost of the material to be consumed in such 
course; any manufactured articles made in such school may 
be disposed of at the discretion of the school board, and the 
proceeds shall be paid into the trade school fund. 

926 — 28. Whenever any such school board shall have de- 
cided to establish a trade school or schools, or to take over 
one already established, under the provisions of this act, a 
tax, not exceeding one-half of one mill on the total assessed 
valuation of such city shall be levied, upon the requisition of 
the school board, as other school taxes are levied in such city ; 
the fund derived from such taxation shall be known as the 
trade school fund, shall be used in establishing and maintain- 
ing a trade school or trade schools in such city, shall not be 
diverted or used for any other purpose whatsoever, and may 
be disposed of and xlisbursed by the school board of such city 
in the sam.e manner and pursuant to the same regulations 
governing the disposition and disbursement of regular school 
funds by such boards. 

926 — 29. Any school board desiring to avail itself of the 
provisions of this act, may, before the trade school fund herein 



TRADE SCHOOLS. 211 

provided for becomes available, establish, take over, equip and 
maintain a trade school or schools out of the regular school 
funds which may be at the disposal of such school board pro- 
vided, however, that all moneys used for these purposes out of 
the regular school funds shall be refunded within three years 
from the trade school fund. 

926-^30. 1. When the school board of any city of the sec- 
ond, third or fourth class, or the school board of any school 
district having mthin its limits such a city, shall determine to 
establish, take over, conduct or maintain such trade school, 
it shall publish notice of its intention so to do with a copy of 
the resolution or order expressing such determination once 
each week for four successive weeks in a newspaper published 
in said school district and shall take no further steps in said 
matter until the expiration of thirty days from the date of 
the fii-st publication; 

2. If vnthin.such thirty days there shall be filed mth the 
clerk of such city a petition signed by a number of electors of 
the school district equal to twenty percentum of the number 
of votes cast in said city at the last municipal election praying 
that the question of the establishment, taking over, conduct 
and maintenance of such trade school shall be submitted to 
the vote of the electors of such school district, the city clerk 
sliall at the earliest opportunity lay such .petition before the 
common council. The common council shall thereupon at its 
next regular meeting by resolution or ordinance direct the 
city clerk to call a special election for the purpose of sub- 
mitting such question to the electors of such city and school 
district. 

3. Such election shall be noticed and conducted and can- 
vassed in accordance with the provisions of section 943, statutes 
of 1898. All electors vvdthin the territory constituting such 
school district,- qualified to vote at any election pertaining to 
school district matters shall be entitled to vote. 

4. If any of said school districts shall be beyond the limits 
of such city, the city clerk shall immediately upon the passage 
of the resolution or ordinance by the city council ordering such 
election, transmit a copy thereof to the clerk of the town or 
towns of which such territory is constituted. The clerk or clerks 
of said towns shall thereupon cause a notice of such election to 
be given and such election to be held, and canvassed as provided 
in section 943. 

5. If a majority of the ballots cast in such school district 
shall be in favor of the establishment, taking over, conduct- 



212 SCHOOL LAWS OF WISCONSIN. 

ing and maintenance of such trade schools, then such board shall 
proceed as heretofore provided to establish, take over, conduct 
and maintain such trade school. But if a majority shall vote 
against such proposition to establish, take over, conduct and 
maintain a trade school, the board shall take no further steps 
towards such end. 

6. If no petition to submit such proposition to establish, 
take over or maintain a trade school to the vote of the elec- 
tors shall be filed with the city clerk within thirty days after 
the first publication of the notice of the determination of the 
school board to take such action, then such .school board may 
proceed as hereinbefore provided without submitting such prop- 
osition to the electors of the district. 

By this act eight new sections that relate to the establisliment and 
maintenance of trade schools in the state of Wisconsin, are made a 
part of the school law. It practically emphasizes the manual training 
idea, but the purpose of the school so established is to produce 
skilled and trained workmen rather than to give any special or ex- 
tended course in co;:nection with academic work. 



STATE MINIxNG SCHOOL. 213 



XXL— STATE MINING SCHOOL. 



Establishment of. ( Chapter 573, laws of 1907, creating 
eight new sections.) Section 392m. A school shall be estab- 
lisheicl in the city of Plaitteville, to be called the Wisconsin 
mining trade school, for the purpose and under the regulations 
contained in this act. 

Section 392n. The said school shall be under the control 
and management of a board of three members to be known as 
the Wisconsin mining school board, one of whom shall be the 
superintendent of public instruction, and two shall reside in 
the southwestern part of the state in what is known as the 
lead district, who shall be appointed by the governor of the 
state, one for a term of two and one for a term of four years, 
beginning with the first day of July, 1907, and thereafter for 
terms of four years, who shall serve without compensation. 
Vacancies on the board shall be filled for the unexpired term. 

Section 392o. The board shall hold its first meeting in the 
city of Platteville on the 15th day of July, 1907. Meetings 
may be called subsequently by two of said members in such 
manner as they may direct, and all meetings may be adjourned 
at the pleasure of the board. A majority of the board shall 
constitute a cpiorum for business. The superintendent of pub- 
lic instruction shall be president of such board. At the first 
meeting of said board or as soon as may be, said board shall 
appoint some suitable person secretary to hold his office during 
the pleasure of the board and shall fix times for regular meet- 
ings of the board. The state treasurer shall be the treasurer 
of the board. No money shall be paid out, nor any contract 
made, or any act done, involving the payment of money or the 
disposal of property, except in pursuance of a vote of the board. 

Section 392p. As soon as the means in its hands will per- 
mit without incurring indebtedness, said board shall proceed 
to obtain a suitable location, and lease, purchase or erect such 



214 SCHOOL LAWS OF WISCONSIN. 

buildings, and procure such furniture, apparatus, library and 
implements as may be necessary for the successful operation 
of said school and appoint a principaland such other teachers 
and assistants as the board may deem expedient, with salaries 
to be paid from time to tim.e as it may agree and to regulate 
their duties, but no agreement shall be valid whereby such 
board shall be prevented from discharging any one in its em- 
ploy upon two months' previous notice. 

Section 392q. The course of instruction shall be two years 
in length and shall embrace geology, mineralogy, chemistry, 
assaying, mining and mining surveying and such other branches 
of practical and theoretical knowledge as will, in the opinion 
of the board, conduce to the end of enabling students of said 
school to obtain a knowledge of the science, art and practice 
of mining and the application of machinery thereto. The dean 
of the college ,of engineering of the University of "Wisconsin 
shall be consulted concerning the course of study, and the same 
and all modifications thereof shall be approved by him. No 
student who shall have been a resident of the state for one year 
next preceding his- admission shall be required to pay his fees 
or other charges for tuition or other purposes in said school, 
except for the cost price of- materials actually consumed by 
such student in pursuit of any studies. The board may pre- 
scribe rates for tuition for any student who shall not have 
been a resident as aforesaid, which shall not be less than fifty 
nor more than two hundred dollars per year. 

Section 392r. The course of study, the terms and the hours 
of instruction shall be regulated by the board, who shall also 
have the power to make all such rules and regulations con- 
cerning the admission, control and discipline of students and 
other matters, as may be deemed necessary for the good- 
government of the institution, and convenience and trans- 
action of its business, and also to grant diplomas upon the 
completion of the prescribed course. 

Section 392s. . No clebt shall be contracted beyond or apart 
from the actual means at the disposal of the institution. The 
board may dispose of or lease any property donated to the 
state for the purposes of said school. The board shall not 
enter upon the business of mining, or pursue the same, except 
so far as it may be deemed necessary in the course of instruc- 
tion, nor shall they purchase any lands beyond what are re- 
quired for the reasonable accommodation of the school. The 
board shall not sell, mortgage or otherwise dispose of any real 
estate purchased by them or donated by the state without the 
express authority of the legislature. 



STATE MINING SCHOOL. 215 

Section 392t. It shall be the duty of the board to provide 
for obtaining a complete collection of the minerals of the lead 
region of AVisconsin and classify the same.. The board shall 
on or before the first day of December in each year prececlin'i' 
the regular session of the legislature, make a report of its pio- 
ceedings to the governor, and shall transmit therewith a gen- 
eral report showing their receipts and expenditures during the 
period for which the report is made, as well as the general 
affairs of said school. 

Section 2. There is hereby appropriated out of any money 
in the state treasury not otherwise appropriated, the sum of 
thirty thousand dollars to be used by said board for the pur- 
poses of tills act. 

Mining Trade School — Appropriation for. Chapter 362, 
laws of 1909, adding 392v— 392z, inclusive, to Chapter 573, 
laws of 1907.) Section 392v. There is appropriated out oi 
any moneys in the general fund, not otherwise appropriated 
the sum of sixteen thousand dollars to be used by the Wiscon- 
sin Mining Trade School board in maintaining the Wisconsin 
Mining Trade School for the period ending June 30th, 1911. 

Section 392w. The county board of any county is hereby 
authorized to appropriate money for the equipment and main- 
tenance of the Wisconsin Mining Trade School. The county 
boards of two or more counties ir^ay appropriate money for the 
equipment and maintenance of said school. When two or more 
counties unite in ecpiipping -and maintaining said school, the 
Wisconsin Mining Trade School board shall apportion the 
amount to be raised by taxation among the counties in propor- 
tion to the assessed valuation of each county as last fixed by the 
state board of assessment, and shall report to the county clerk 
of each coujity the apportionment so made, on or before the first 
Monday of November in each year. The amount so apportioned 
to each county shall be levied in the county tax for the ensuing 
year for the support of such school. Any such appropriation 
may be made by any such county at any regular annual meeting 
of the county board after the passage and publication of this 
act, which appropriation shall be available on and after the 30th 
day of June, 1911, and annually thereafter as provided in this 
section and section 392x. 

Section 392x. On or before the 30th day of June in 191!^. 
and annually thereafter, the Wisconsin Mining Trade School 
board shall file with the secretary of state a certificate show- 
ing the cost of 'maintainiiig said school, the courses of instruct 



216 SiCHOOL LAWS OF WISCONSIN. 

tion taught, the character of the work done, the names of the 
teachers employed, and such other matters as will show that 
all the provisions of chapter 573, laws of 1907, have been com- 
plied with.. Upon receiving such certificate, the secretary of 
state shall draw his warrant, payable to the treasurer of the 
county maintaining such school, for a sum equal to two-thirds 
of the amount actually expended for maintaining such school 
during the year, provided that the amount so appropriated 
shall not excsed six thousand dollars for any one year; when 
more than one county has contributed to the support of such 
school, the secretary of state shall draw his warrant, payable 
to the treasurer of each county for such proportion of the state 
aid as the amount contributed by his county is to the total 
amount contributed by all the counties for the support of the 
school for the preceding year. 

Section 392y. Any city wherein a mining trade school is 
located may appropriate annually for equipping and maintain- 
ing said school or may appropriate annually for the purpose 
of reimbursing any county or counties which have appropriated 
money for the equipment and maintenance of such school a 
sum not exceeding three thousand dollars in any one year. 
In case no county board shall appropriate any money as pro- 
vided in section 392w, then any city within which is located a 
mining trade school may appropriate annually not to exceed 
three thousand dollars for the equipment and maintenance of 
said school. In such case the "Wisconsin Mining Trade School 
board shall on or before the 30th day of September, 1911, and 
on the 30th day of each month thereafter, file with the secre- 
tary of state a certificate showing the cost of maintaining said 
school, the courses of instruction taught, the character of the 
work done, the names of the teachers employed, the equipment 
purchased, and such other matters as will show that all the 
provisions of chapter 573, laws of 1907, have been complied 
with. Upon receipt of such certificate, the secretary of state 
shall draw his warrant, payable to the treasurer of such city 
maintaining such school, for a sum equal to two-thirds of the 
amount actually expended for maintaining and equipping such 
school during the month, provided that the amount so appro- 
priated by the state shall not exceed six "thousand dollars in 
the aggregate for any one year. 

Sbotion 392z. There is hereby appropriated out of any 
moneys in the state treasury not otherwise appropriated, a 
sum sufficient to carry out the provisions of this act, 



STATE NORMAL SCHOOLS. 217 



XXIL— STATE NORMAL SCHOOLS. 



■ (Chapter 26 of Wisconsin Statutes of 1898.) 

Regents; their terms and vacancies. Section 393 (as 
amended by Chapter 168, Laws of 1905). For the government 
of the normal schools established, and which may hereafter be 
established, and for the performance of the duties prescribed 
to them, there is constituted a board of eleven regents, called 
"The Board of Regents of Normal Schools," composed of the 
state superintendent, as ex-officio regent, and of ten appointed 
regents, at least one of whom shall be a woman ; the tarm of of- 
fice of the appointed regents commencing with the first Monday 
of February in the year in which appointed, shall be five years 
and until the appointment and qualification of their respective 
successors; except that the regents first appointed under this 
act shall be divided into five classes of two each, and the term of 
office of said classes so first appointed shall be respecL"ively one,, 
two, three, four and five years and until tlieir successors shall 
be appointed and qualified, and their successors in office shall 
continue so divided into five classes of two each, so that the 
term of office of two regents shall expire each year. ,The gover- 
nor shall fill all vacancies by appointment, and in case of a va- 
cancy before the expiration of a term, the appointment shall be 
for the residue of- the term only. 

Powers of regents. Section 394. The board of regents 
and their successors in office are constituted a body corporate 
by the name aforesaid ; and may purchase, have, hold, control, 
possess and enjoy, in trust for the state, for educational pur- 
poses solely, any lands, tenements, hereditaments, gosds and 
chattels of any nature which may be necessary and required for 
the purposes, objects and uses of the state normal schools au- 
thorized by law and none other, with full power to sell or dis- 
pose of such personal property or any part thereof when in 



218 SCHOOL LAWiS OF WISCONSIN. 

their judgment it shall be for the interest of the state ; and shall 
possess all other powers necessary or convenient to accomplish 
the objects' and perform the duties prescribed by law. The 
board of regents shall not sell, mortgage or dispose of in any 
way any real estate, nor borrow money without the express 
authority of the legislature; nor shall they contra'ct indebted- 
ness nor incur liabilities to exceed, at any time, in the aggre- 
gate, the cunount of money which, under the provisions of law, 
shall then be at their disposal in the hands of the state treas- 
urer; nor shall said board ever reduce the amount so at their 
disposal below the aggregate amount of their indebtedness 
or liability except in payment of such indebtedness or lia- 
bility. The proceeds of the sale of any real or personal 
estate shall be paid by them into the treasury, and shall become 
a part of the income of the normal school fund. The entire 
income of the normal school fund shall be placed at the dis- 
posal of the board of regents of the normal schools by trans- 
fer to the treasurer of said board, and shall be distinct and in- 
dependent from the accounts of the state, and be applied for the 
support of normal schools as provided by law. 



icers of board. Section 395 (as amended by Chapter 
168, Laws of 1905). The officers of the board shall be a presi- 
dent, vice-president and secretary; they shall severally hold 
their offices for the term of one year, and until their succes- 
sors are elected, and shall perform the duties incident to their 
several offices, and such as are prescribed by the board. The 
state treasurer shall be, ex-officio, the treasurer of the board, 
but the board may appoint suitable persons to receive any 
tuition fees or other moneys that may be due from any student 
or other person, and pay the same to the treasurer. 

Meetings; quorum. Section 396. The said board shall 
hold an annual meeting at the capitol on the second Wednesday 
in July in each year or at such time as they may designate. 
Special meetings may be called by the governor or by the presi- 
dent of the board on a petition signed for that purpose by any 
three regents. A majority of the regents shall constitute a 
quorum for the transaction of business^ but a less number may 
adjourn from time to time. 

Removal of regents; disqualification of officers, etc. 
Section 397. Any regent may be removed from office for cause 
upon reasonable notice by a vote of two- thirds of all the re- 



STATE NORMAL SCHOOLS. 219 

gents. No regent or officer, trustee or person appointed or em- 
ployed in any position or capacity connected with normal schools 
or normal institutes shall at any time act as agent of any author 
or publisher of or dealer in school books, maps or charts, or 
school library books, or school furniture or apparatus, or be- 
come interested directly or indirectly in the publication, manu- 
facture or sale of any such a? agent or otherwise, except solely 
as author or inventor, and for a violation thereof any regent 
shall be expelled from the board by a majority vote of the 
regents; provided, that the purchase and use of books and ap- 
pliances written or invented by persons connected with any of 
the schools shall not be deemed to be prohibited. 

Compensation of regents. Section 393. (as amended 
by Chapter 168, Laws of 1905). No member of the board of 
normal regents shall receive any pay for travelng to or for at- 
tendance at any meeting of the board, but for any specific 
service, rendered under the direction of the board, other than 
attending the meetings thereof, such compensation ' may be ai- 
lowed any member, as the board shall deem just and reasonaWe; 
and such compensation and all moneys actually and necessarily 
expended by any member in traveling, attending meetings, or 
performing any other duty or service, directed to be performed, 
shall be paid out of the normal school fund income in the state 
treasury, on accounts presented to and adjusted by the board, 
and certified to the secretary of state by the secretary and presi- 
dent thereof. 

Other normal schools; a,lteration, etc., of buildings. 

Section 399. In addition to those heretofore established, the 
said board of regents may establish other state normal schools 
at such places as they may designate, upon sites selected by 
them; and when, in their opinion, the educational interests of 
the state require it, they may proceed to erect suitable buildings 
upon the sites so selected, and they may enlarge, alter or repair 
any normal scliool buildings. Whenever _ any such site shall 
be donated, then as soon a^ the title thereto shall be vested in 
them in fee in tntst as aforesaid, and when money is donated, 
then as soon as such money is paid into the state treasury sub- 
ject to be paid out only on the warrant . of the secretary of 
state, a? provided in the next section, or secured to be paid by 
the deposit with the state treasurer of United States or Wis- 
consin state bonds in amount equal in value to the sums of 
money so donated, said board may procure suitable plans and 
specifications for such buildings, alterations or repairs thereof, 



220 SCHOOL LAWS OF WISCONSIN. 

and employ persons to superintend the construction of tlie 
same; and they may advertise for proposals to erect, repair or 
enlarge any normal school building, reserving the right to 
reject any and all proposals made in pursuance of such adver- 
tisements; and the expense of such advertising and procuring 
plans and specifications shall be paid from the normal school 
fund income. 

Donations, collection and application of. Section 400. 
The said board shall demand and receive the sums of money 
donated and subscribed by any persons to aid in the erection of 
the necessary buildings for normal schools in such manner as 
said board may prescribe, and apply the same in the erection 
and completion of said buildings, the purchase of the necessary 
books, apparatus, furniture and fixtures, and for various other 
incidental expenses to be incurred by said board in pursuance 
of the provisions of these statutes, and if any surplus shall re- 
main, apply the same to the expenses of conducting said normal 
schools; and any deficit which may arise in the erection and 
completion of said buildings and purchase aforesaid shall be 
paid out of the normal school fund income. 

Accounts, how made, etc. Section 401 (as amended by 
Chapter 168, Laws of 1905). All payments for the erection, 
repairs or enlargement of any normal school building, or for 
fixtures or furniture therefor, and all disbursements from the 
normal school fund income, including the expenses of board of 
visitors of normal schools and of teachers' institutes shall be 
made by the treasurer of said board on the warrant of the secre- 
tary of state drawn in accordance Vvdth the certificate of the 
president and secretary of the board, after being audited and 
allowed pursuant to its rules and regulations, and not other- 
wise; and in case of a donation no such warrant shall be is- 
sued for any part thereof until the sums donated and sub- 
scribed shall have been paid into the state treasury, nor in any 
case until the work shall be clone, the services rendered, build- 
ings erected or fixtures or furniture purchased under the direc- 
tion of said board, and pursuant to a contract made with it. 
All claims and accounts, before being certified to the secretary 
of state by the aforesaid officers of such board, shall be veri- 
fied and approved in the same manner as claims against the 
state university are required to be verified and approved. 

Examination of accounts. Section 401a. (Chapter 495, 
laws of 1909.) 1. The board of regents of the state normal 



STATE NORMAL SCHOOLS. 221 

scliools shall cause all of the financial transactions and ac- 
counts of or relating to the several state normal schools under 
their superyision at the close of each biennial period to be fully 
and thoroughly examined by an audit company of recognized 
business standing and reliability, and approved of by the gov- 
ernor and in no way connected with any such schools or with 
any of their activities. 

2. Such examination shall be commenced immediately after 
the close of said period and be completed as soon as practicable. 

3. Upon the completion of such, examination a full and de- 
tailed report thereof shall be made by such audit company to 
the governor, and a printed copy of such report shall be fur- 
nished to each member of the next legislature not later than 
thirty days prior to the beginning of the next regular session. 

4. A sum sufficient to carry out the provisions of this act 
is hereby -appropriated but of any money in the state treas- 
ury not otherwise appropriated. 

Objects of schools. Section 402. The exclusive purposes 
and objects of each normal school shall be the instruction and 
training of persons, both male and female, in the" theory and art 
of teaching, and in all the various branches that pertain to a 
good common school education, and in all subjects needful to 
qualify for teaching in the public schools; also to give instruc- 
tion in the fundamental laAVs of the United States and of this 
state in Avhat regards the rights and duties of citizens. 

Model schools. Section 403. Said board shall also estab- 
lish a model school or schools for practice in connection witli 
each state normal school, and shall make all the regulations 
necessary to govern and support the same; and they may in 
their discretion admit pupils to such model schools free of 
charge of tuition. 

Powers of board of regents as to schools. Section 
404. (As amended by Chap. 204, laws of 1909.) The said 
board shall have the government and control of all the normal 
schools, and shall have power therefor: 

1. To make rules, regulations and by-laws for the good gov- 
ernment and management of the same and each department 
thereof. 

2. To appoint a principal and assistants and such other 
teachers and officers and to employ such persons as may be re- 
quired for each of said schools ; to fix the salary of each person 
so appointed or employed and to prescribe their several duties. 



222 SCHOOL LAWS OF WISCONSIN. 

3. To remove at pleasure any principal, assistant or other of- 
ficer or person from any office or employment in connection 
with any such school. 

4. To purchase any needful and proper apparatus, books or 
articles to assist in instruction, and to provide for all necessary 
fuel and supplies for the conduct of such schools. 

5. To prescribe the courses of study and the various books 
to be used in such schools. But when any state normal school 
shall offer a course for the express purpose ot training teachers 
for country schools, the completion of which shall entitle one 
to the certificate mentioned in section 405, as amended by this 
act, the course of study shall be the full and fair equivalent 
of the course of study prescribed for the county training schools 
by the state superintendent. 

6. To cause notice to be given of the opening of such schools 
and the several terms thereof. ' 

7. To prescribe rules and regulations for the admission of 
students; but every applicant for admission shall undergo an 
examination to be prescribed by the board, and shall be rejected 
if it shall appear that he is not of 'good moral character or if 
applying as a free pupib will not make an apt or good teacher. 

8. ■ To require any applicant for admission, other than such 
as shall, prior to admission, sign and file with said board a 
declaration of intention to follow tjie business of teaching com- 
mon schools in this state, to pay or to secure to be paid such 
fees for tuition as the board may deem proper and reasonable, 

9. To cause lectures on any art, science or branch of liter- 
ature to be delivered in any such schools on such terms and con- 
ditions as they may_ prescribe. 

10. To confer by by-laws upon the i^rincipals of the several 
normal schools the power to suspend or expel pupils for miscon- 
duct or other cause prescribed in such by-laws. 

Diplomas and certificates. Section . 405. (As amended 
by Chap. 204, laws of 1909.) Said board may grant diplomas 
in testimony of scholarship and abilitj;' to teach, but no such di- 
ploma shall be granted until such graduate shall have passed 
a thorough and satisfactory examination in the course of study 
prescribed by the board. "When any such graduate has, after 
receiving such diploma, taught a public school in this state one 
year, the state superintendent may, after such examination .as 
to moral character, learning and ability to teach as to him may 
seem proper. * * * issue' to such teacher an unlimited 
state 'certificate, and thereafter such * * * unlimited cer- 



STATE NORMAL SCHOOLS. 223 

tificate shall be evidence of his qualification to teach in any 
common school. * ^ * The said board may also, on such 
conditions as they may determine, grant a certificate of attend- 
ance certifying that the holder has completed the elementary 
conrse in a normal school and is qualified to teach a common 
school; and the said superintendent may, upon conditions above 
prescribed respecting diplomas, * * * issue a limited state 
certificate, and thereafter such * * * certificate shall be 
evidence of his qualification to teach in any common school of 
the state. * *' * 

The said board of regents may also on such conditions as 
they may determine, grant a certificate, certifying that the 
holder has completed the course for teachers of country schools 
in a normal school and is qualified to teach in a country school. 
Such certificate shall have the same force and effect in all 
respects as the certificate of a county training school, as de- 
fined in section 2, chapter 509, laws of 1905, and any acts 
amendatory of the same. 

Board of visitors. Section 406. After any state normal 
school shall have commenced its first term, and at least once in 
each year thereafter, it shall be visited by three suitable per- 
sons, not members of the board, but to be appointed by the state 
superintendent, who shall examine thoroughly into the condi- 
tion, organization and management of the school, and shall re- 
port to the said superintendent their views in regard to its suc- 
cess and usefulness and any other matters they may judge ex- 
pedient. Such visitors shall be appointed annually, and their 
report shall bear date of the thirtieth day of May and cover the 
year preceding such date. 

State tax. Section 406a. ' (Chapter 319 amending the 
Statutes of 1898 as amended by chapter 170 of the laws of 
1899, as amended by Chap. 370, Laws of 1901.) For the pur- 
pose of conducting and maintaining the normal schools, there 
shall be levied and collected annually, a state tax of * * * 
three hundred and * * *' forty thousand * * . * (j(^t. 
lars, which amount ig * * *- annually appropriated to the 
normal school fund income. 

TEACHERS INSTITUTES. 

How held and condncted. Section 407. Institutes for the 
instruction of teachers shall be held in each year in such coun- 
ties as may be designated by the state superintendent, with the 



224 SCHOOL LAWS OF WISCONSIN. 

advice and concurrence of said board, preference being given 
to such counties as receive the least direct benefit from the nor- 
mal schools. The state superintendent, by and with the advice 
and consent of said board, may make such rules and regulations 
as they shall deem proper for organizing and conducting such 
institutes, and may, by and with the like advice and consent, 
employ an agent or agents to perform such work in connection 
therewith as by such rules and regulations may be prescribed. 
Each of said institutes shall be held under the direction of such 
agent or agents, assisted by the county superintendent. The 
course of study pursued in such institutes shall, as far as practi- 
cable, be uniform, and be prescribed by the state superintendent; 
with the assistance of such agents, but subject to revision by said 
board. 

Appropriation for. Section 408. (Statutes of 1898, as 
amended by Chap. 170, Laws of 1899, as amended by Chap. 
371, Laws of 1901.) For the purpose mentioned in the pre- 
ceding section, said board may use such sum not exceeding 
fourteen thousand dollars in a year, as it may deem necessary, 
of which not exceeding seven thousand dollars shall be paid 
from the normal school fund income and seven thousand dol- 
lars from the general fund, and such amounts as shall be so 
expended are hereby annually appropriated from the said 
funds respectively. The (secretary of state shall annually, 
upon presentation to him of the certificates of the president 
and secretary of the board of regents, of the amount expended 
for the purpose mentioned in this section, draw his warrant 
in favor of the treasurer of said board for seven thousand 
dollars. 

Normal school fund income. Section 409. The normal 
school fund iiicom^e shall, under the direction and management 
of the said board, be applied and is hereby appropriated to the 
establishment and support of the state normal schools and the 
purposes directed in this chapter. 

Regent's report. Section 410. The president of said 
board shall make to the governor a biennial report, bearing date 
the thirty-first day of August of the 3^ear in which the biennial 
fiscal term closes, which shall contain a full and detailed ac- 
count of the doings of the .said board and of all their expendi- 
tures and of all moneys received and the prospect, progress and 
condition of said normal schools and such report, together with 
the reports of the different boards of visitors, shall be trans- 
mitted to the legislature by the governor. 



OF THE UNIVERSITY. 225 



XXIIL— OF THE UNIVERSITY. 



(Chapter 25, Wisconsin Statutes.) 

Location and style of. Section 377. There is established 
in this state at the city of Madison an institution of learning by 
the name and style of "the university of Wisconsin." 

Board of regents. Section 378. (Chapter 523, laws of 
1909, amending section 378, as amended by chapter 255, laws of 
1901.) The government of the university shall be vested in a 
board of regents, to consist of one member from each congres- 
sional district and two from the state at large, at least * * * 
two of whom shall be * * * women, to be appointed by 
the governor; the second woman regent shall be appointed on 
or before February 1st, 1911 ; but this act shall in no way aftect 
the term of office of the present members of the board o^ re- 
gents ; the state superintendent and the president of the univer- 
sity shall be ex-officio members of said board; said president 
shall be a member of all standing committees of the board, but 
shall have the right to vote only in ease of a tie. The terms of 
office of the appointed regents shall be three years from the 
first Monday in February in the year in which they are ap- 
pointed, and until the appointment and qualification of their 
respective successors, unless sooner removed by the governor; 
but appointments to fill vacancies before the expiration of the 
time shall be for the residue of the term only. 

Powers of board; officers. Section 379. The board of 
regents and their successors in office shall constitute a body cor- 
porate by the name of "the regents of the university of Wis- 
consin," and shall possess all the powers necessary or conven- 
ient to accomplish the objects and perform the duties prescribed 
by law, and shall have the custody of the books, records, build- 
15— S. U 



226 SCHOOL LAWS OF WISCONSIN. 

ings and other property of said university. The board shall 
elect a president and a secretary, who shall perform such duties 
as may he prescribed by the by-laws of the board. The secre- 
tary shall keep a faithful record of all the transactions of the 
board and of the executive -committee thereof. The state treas- 
urer shall be the treasurer of the board and perform all the 
duties of such office subject to such regulations as the board may 
adopt not inconsistent with his official duties; and he and his 
sureties shall be liable on his official bond as state treasurer for 
the faithful discharge of such duties. 

Meetings, quorum.' Section 380. The time for the elec- 
tion of the president and secretary of said board and the dura- 
tion of their respective terms of office, and the times for hold- 
ing the regular annual meeting and such other meetings as may 
be required and the manner of notifying the same, shall be de- 
termined by the by-laws of the board. A majority of the board 
shall constitute a quorum for the transaction of business, but 
a less number may adjourn from time to time. 

Duties of regents; additional powers. Section 381, The 
board of regents shall enact laws for the government of the 
university in all its branches; elect a president and the requi- 
site number of professors, instructors, officers and employees, 
and fix the salaries and the term of office of each, and deter- 
mine the moral and educational qualifications of applicants for 
admission to the various courses of instruction; but no instruc- 
tion, either sectarian in religion or partisan in politics, shall 
ever be allowed in any department of the university; and no 
sectarian or partisan tests shall ever be allowed or exercised in 
the appointment of regents or in the election of professors, 
teachers or other officers of the university, or in the admission 
of students thereto or for any purpose whatever. The board 
of regents shall have power to remove the president or any 
professor, instructor or officer of the university when, in their 
judgment, the interes-ts of the university require it. The board 
may prescribe rules and regulations for the management of the 
libraries, cabinet, museum, laboratories and all other property 
of the university and of its several departments, and for the care 
and preservation thereof, with penalties and forfeitures by way 
of damages for their violation, which may be sued for and col- 
lected m the name of the board before any court having juris- 
diction of such action. They shall employ a competent pre- 
ceptress for the building known as ladies' hall (which shall be 
used for a:nd by the female students attending the university 



OF THE UNIVERSITY. 227 

and not otherwise), who shall have charge and general super- 
vision thereof under snch regulations as the board may have 
made or shall adopt, at a salary of not more than fifteen hun- 
dred dollars per year, provided that said preceptress shall per- 
form such other duties and teach such classes as the board may 
from time to time require. 

Use of income — addition of other colleges. Section 
382. The board of regents are authorized to expend such por- 
tion of the income of the university fund as they may deem 
expedient for the erection of suitable buildings and the purchase 
of apparatus, a library, cabinets, and additions thereto; and if 
they deem it expedient may receive in connection with the uni- 
versity any college in this state upon application of its board of 
trustees; and such college so received shall become a branch of 
the university and be subject to the visitation of the regents. 

Report, and printing thereof. Section 1383. At t;he 
close of each biennial fiscal term the regents through their pres- 
ident shall make a report in detail to the governor and the leg- 
islature exhibiting the progress, condition and wants of each of 
the colleges embraced in the university, the course of study in 
each, the number of instructors and students, the amount of re- 
ceipts and disbursements, together with the nature, cost and 
results of all important investigations and experiments and such 
other information as they may deem important, one copy of 
which shall be transmitted free by the secretary of state to all 
colleges endowed under the provisions of the act of congress en- 
titled "An act donating land to the several states and terri- 
tories which provide colleges for the benefit of agriculture and 
the mechanic arts," approved July 2, 1862, and also one copy 
to the secretary of the interior as provided in said act. The 
board shall also report to the governor as often as may seem de- 
sirable the important results of investigations conducted by the 
director of Washburn observatory and by other investigators 
■ connected with the university, and also the results of such ex- 
periments therein relating to agriculture or the mechanic arts 
as said board may deem to be of special value to the agricultural 
and mechanical interests of the state. With the approval of the 
governor such number of copies as he shall direct, and of the 
Washburn observatory reports not more than seven hundred 
copies may be printed by the state printer in separate form on 
good paper and with such appropriate quality of binding as 
the commissioners of public printing shall order. Eight hun- 
dred copies of each of said reports, when so directed by the gov- 



228 SCHOOL LAWS OF WISCONSIN. 

ernor, except those of the Washburn observatory, shall be de- 
livered to the legislature and the remainder be used in exchange 
for the publications of other institutions . and for such other 
public purposes as the regents may order. . 

Accounts, how made, etc. Section 383a. No claim or 
accoimt against the board of regents of the university shall be 
paid unless it state the nature and particulars of the services 
rendered or materials furnished and be verified by the affidavit 
of the claimant or his agent and approved by an endorsement 
in writing thereon by the officer, member or committee of said 
board authorized thereby to certify claims and accounts for pay- 
ment. 

The president. Section 384. The president of the uni- 
versity shall be president of the several faculties and the execu- 
tive head of the instructional force in all its departments; as 
such he shall have authority, subject to the board of regents, 
to give general direction to the instruction and scientific inves- 
tigations of the several colleges, and so long as the interests of 
the institution require it he shall be charged with the duties of 
one of the professorships. The immediate government of the 
several colleges shall be intrusted to their respective faculties; 
but the regents shall have the power to regulate the courses of 
instruction and prescribe the books or works to be used in the 
several courses, and also to confer such degrees and grant such 
diplomas as are usual in universities or as they shall deem ap- 
propriate, and to confer upon the faculty by by-laws the power 
to suspend or expel students for miscondnct or other cause pre- 
scribed in such by-laws. 

Object and departments. Section 385. ^ (As amended by 
chapter 36, laws of 1909.) The object of the university of Wis- 
consin shall be to provide the means of acquiring a thorough 
Imowledge of the various branches of learning connected with 
literary, scientific, industrial, and professional pursuits, and to 
.this end it shall consist of the following colleges or departments, 
to-wit : 

1. The college of letters and science. 

2. The college of mechanics and engineering. 

3. The college of agriculture. 

4. The * * * law school. 

5. The * * * medical school. 

6. Such other colleges, schools, or departments as are now 
or may from time to time be added thereto or connected there- 
with. 



OP THE UNIVERSITY. 229 

Examination of accounts. ( Chapter 497, laws of 1909.) 
Section 383m. 1. The board of regents of the state university 
shall cause all of the financial transactions and accounts of or 
relating to the state university in any of its departments at the 
close of each biennial period to bo fully and thoroughly ex- 
amined by an audit company of recognized business standing 
and reliability and approved of by the governor and in no way 
connected with the university or with any of its activities. 

2. Such examination shall be commenced immediately after 
the close of said period and be completed as soon as practicable. 

3. Upon the completion of such examination a full and de- 
tailed report thereof shall be made by such audit company to 
the governor, and a printed copy of such report shall be fur- 
nished to each member of the next legislature not later than 
thirty days prior to the beginning of the next regular session. 

4. A sum sufficient to carry out the provisions of this act is 
hereby appropriated out of any money in the state treasury not 
otherwise appropriated. 

Departments, what embraced in. Section 386. The col- 
lege of letters and science shall embrace liberal courses of in- 
struction in language, literature, philosophy and science, and 
may embrace such other branches as the regents of the univer- 
sity shall prescribe. The college of mechanics and engineering 
shall embrace practical and theoretical instruction in the vari- 
ous branches of mechanical and engineering science and art, and 
may embrace such additional branches as the regents may de- 
termine. The college of agriculture shall embrace instruction 
and experimentation in the science of agriculture and in those 
sciences which are tributary thereto, and may embrace such ad- 
ditional branches as the board of regents shall determine. The 
college of law shall consist of courses of instruction in the prin- 
ciples and practices of law, and may include such other branches 
as the regents may determine. 

Open to both sexes — military instruction — ^diplomas 
may be countersigned. Section 387. (As amended by 
chapter 66, laws of 1909.) * * * AH schools and colleges 
of the university shall, in their respective departments and 
class exercises, be open without distinction to students of both 
sexes and all able-bodied male students in whatever college 
therein may receive instruction and discipline in military tac- 
tics, the requisite arms for which shall be furnished by the 
state. Any person who has graduated from a regular collegi- 
ate course at the university, and after such graduation shall 



230 SCHOOL LAWS OF WISCONSIN. 

furnish evidence to the state- superintendent of good moral 
character and of successful teaching for one school year in a 
puhlic school of this state, may have his diploma countersigned 
by said superintendent, which shall then have the force and ef- 
fect of * * * an unlimited state certificate, subject to the 
exercise of the power vested in the state superintendent to revoke 
the right given by his signature to such diploma. 

Diplomas are no longer countersigned. See Chap. 579, laws of 1907, 
page 82 of this code. 

Tuition fees at the state university. (Chapter 105, laws 
of 1907, amending section 388, statutes of 1898.) Section 388. 
No student who shall have been a resident of the state for one 
near next preceding his admission at the beginning of any aca- 
demic year, shall be required to pay any fees for tilition in 
the university, except for extra studies; the regents may pre- 
scribe rates of tuition for any pupil who shall not have been 
a resident as aforesaid and for teaching extra studies. Attend- 
ance at the university shall not of itself be sufficient to effect 
a residence. 

This chapter does away with the payment of fees by those who take 
the courses prescribed for the college of law in the state university. 

Funds for support of — gifts, bequests, etc. Section 
389. For the support and endowment of the university there 
is annually and permanently appropriated : 

1. The university fund income and all other sums of money 
appropriated by law to such fund. 

2. The agricultural college fund income. 

3. All such contributions as inay be derived from public or 
private bounty. 

The entire income of all said funds shall be placed at the 
disposal of the board of regents by transfer to the treasurer of 
said board, thenceforth to be independent and distinct of the 
accounts of the state and for the support of the aforesaid col- 
leges or departments of arts, of letters and such other colleges 
and departments as shall be established in or connected with 
the university; but all means derived from other public or pri- 
vate bounty shall be exclusively devoted to the specific objects 
for which they shall have been designed by the grantor; and all 
gifts, grants, bequests and devises for the benefit or advantage 
of the university or any of its departments, colleges, schools, 
halls, observatories or institutions or to provide any means of 



OF THE UNIVERSITY. 231 

instruction illustration or knowledge in connection therewith, 
whether made to trustees or otherwise, shall be legal and valid 
and shall be executed and enforced according to the provisions 
of the instrument making the same, including all provisions and 
directions in any such instrument for accumulation of the in- 
come of any fund or rents and profits of any real estate with- 
out being subject to the limitations and restrictions provided 
by law in other cases; but no such accumulation shall be al- 
lowed to produce a fund more than twenty times as great as 
that originally given. All such gifts, grants, devises or be- 
quests may be made to the regents of the university or to the 
president or any officer thereof, or to any person or persons 
as trustees, or may be charged upon any executor, trustee, heir, 
devisee or legatee, or made in any other manner indicating an 
intention to create a trust, and may be made as well for the 
benefit of the university or any of its chairs, faculty, depart- 
ments, colleges, schools, halls, observatories or institutions or to 
provide any means of instruction, illustration or knowledge in 
connection therewith, or for the benefit of any class of students 
at the university or in any of its departments, whether by way 
of scholarship, fellowship or otherwise, or whether for the bene- 
fit of students in any course, sub-course, special course, post- 
graduate course, summer school or teachers' course, oratorical 
or debating course, laboratory, shop, lectureship, drill, gymna- 
sium or any other like division or department of study, experi- 
ment, research, observation, travel or mental or physical im- 
provement in any manner connected with the university, or to 
provide for the voluntary retirement of any of its faculty. And 
it shall not be necessary in case of any such gift, grant, devise 
or bequest to exactly or particularly describe the members of 
the class, group or nationality of students intended to be the 
beneficiaries, but it shall be sufficient to describe the class or 
group ; and in case of any such gif ~, grant, devise or bequest 
the regents shall divide and graduate the students at the uni- 
versity into such classes or divisions as may be necessary to 
select and determine those belonging to the class intended by 
such gift, grant, devise or bequest, and shall determine what 
particular persons are within or intended by the same. It shall 
be sufficient in any such gift, grant, devise or bequest to de- 
scribe the beneficiaries as belonging to a certain course, sub- 
course, department or division of the university, or as those pur- 
suing certain studies, speaking or writing a certain language 
or languages, belonging to any nationality or nationalities, or to 
one of the sexes or by any other description, and in such case 



232 SCHOOL LAWS OP WISCONSIN. 

the regents shall determine the persons so described as herein- 
before provided. 

Tax for, and appropriation of part — ^loans. Section 
390 (as amended by chapter 320, laws of 1905, amending chap- 
ter 170, laws of 1899; section 1, of chapter 322, laws of 1901, 
and section 1, of chapter 344, laws of 1903). There shall be 
levied and collected annually a state tax of two-sevenths of one 
mill for each dollar of the assessed valuation of the taxable 
general property of the state as ascertained and fixed by the 
state board of assessment for apportionment of the state tax to 
the several counties which amount, when so levied and col- 
lected, is appropriated to the university fund income to be used 
for current and administration expenditures and for the in- 
crease and improvement of the facilities of the university; pro- 
vided, that upon any apportionment of funds in the treasury 
under section 1069a of the statutes of 1898, such fund shall be 
applied to the tax hereinbefore levied. The commissioners of 
public lands may direct the state treasurer, from time to time, 
to set apart such sums by way of loan to the fund known as 
the university fund income for the university uses from unin- 
vested moneys in the trust funds for the period when so unin- 
vested, as in their judgment shall be prudent, such loans to be 
repaid to the trust fund from the tax hereinbefore appropriated 
with interest at the rate then required upon loans to school dis- 
tricts. 

Section 2. There is hereby annually appropriated for the 
period of three years, the sum of two hundred thousand dollars, 
to the university fund income from the general fund of the state 
out of any moneys not otherwise appropriated to be used for 
the construction and equipment, in the order of the greatest 
need therefor, of such additional buildings and works and the 
enlargement and repairs of buildings and works, as in the 
judgment of the regents shall be absolutely required, and as 
shall be approved by the governor and can be completed within 
the appropriation herein made; and also for fire protection; 
for furniture and equipment of existing buildings; and for ap- 
paratus and additions to the library; provided, that no plan or 
plans for any building shall be finally adopted, and no contract 
or contracts shall be entered into by the regents for the construc- 
tion of any building until such plans and contracts, with com- 
plete estimates of the total cost thereof, shall have been sub- 
mitted to and in writing approved by the governor of the state, 
who shall withhold such approval until he shall satisfy himself 
by a personal examination or by such other means as he may in 



OF THE UNIVERSITY. 233 

his discretion' adopt, that such building is required for the pur- 
poses proposed, and it can and will be erected and fully com- 
pleted according to such plans or contracts for the sum proposed 
for the same by the regents out of the appropriation herein 
made. 

The observatory. Section 391. The sum of three thou- 
sand dollars shall be set apart annually from the receipts of the 
tax first mentioned in the preceding section for the maintenance 
of the astronomical observatory on the university grounds, to be 
expended by the regents in astronomical work and instruction. 
And a like sum is annually appropriated out of the general fund 
to the board of regents for the purpose of enabling said board 
to employ and maintain a director of the ■Washburn observatory. 

Regents' expenses. Section 392. The regents shall each 
receive the actual amount of his expenses in traveling to and 
from md in attendance upon all meetings of the board or in- 
curred in the performance of any duty in pursuance of any di- 
rection of the board ; accounts for sueh expenses, duly authenti- 
cated shall be audited by the board and be paid on their order 
by the treasurer out of the university fund income. No regent 
shall receive any pay, mileage or per diem except as above pre- 
scribed. 

Summer school. Section 392a. The board of regents may 
maintain the summer school of science, literature, language and 
pedagogy heretofore established in connection with the univer- 
sity; provided, that all teachers employed therein shall be desig- 
nated by the state superintendent and the president of the uni- 
versity. 

Section 392em. (Chapter 507, laws of 1909.) 1. The re- 
gents are hereby authorized to establish and equip two branch 
agricultural experiment stations in such portions of the state 
as may be deemed advisable for the purpose of carrying on ex- 
perimental and demonstration work in agriculture, whenever 
not less than eighty acres of suitable land for each station shall 
be donated to the state for such purpose, such branch or sub- 
stations to be under the direction of the state agricultural ex- 
periment station of the college of agriculture, 

2. For the purposes of carrying oat this act, there is appro- 
priated the sum of two thousand dollars annually for the term 
of three years, 



234 SCHOOL LAWS OF WISCONSIN. 



XXIY.— PUBLIC SCHOOLS IN CITIES. 



Common and high school boards — cities of the first 
class. (Chapter 459, laws of 1907, creating twenty-two new 
sections.) Section 1. The public schools in every city of the 
first class, whether organized under general or special charter, 
shall be under the general management, control and supervision 
of a board of school directors, consisting of fifteen members from 
the city-at-large, selected as provided in this act. No person 
holding any ofSce in any political organization, or any lucrative 
city, county or state ofBce other than a judicia:! office or that 
of a notary public, shall be eligible to be a member of such 
board of school directors. The members of every such board 
of school directors shall, before entering upon the duties of 
such office, take and subscribe the oath of office prescribed in 
the constitution of this state, and shall file the same, duly cer- 
tified by the officer administering the same, with the city clerk. 

Section 2. The board of school directors of cities of the 
first class in Wisconsin shall consist of fifteen members, who 
shall be qualified voters of such city, who shall be elected as 
hereinafter provided at a school election to be held biennially on 
the first Tuesday in April, the first regular election under this 
act to be held on the first Tuesday in April, 1909. The school 
election shall be held at the same time and place and under 
the charge of .the same election officials as the election of 
judges or other officers held on the same date; but unless the 
voting is by voting machines, separate ballot boxes shall be 
provided ..to receive the ballots for members of the board or 
school directors, which ballots shall be prepared and supplied 
to the election officials in the same way as other ballots are 
provided and supplied for other elections. At such school elec- 
tions the candidates receiving the greatest number of votes for 
the several positions shall be declared elected. 

Section 3. Within five days after this act shall become 
effective in any city, the mayor, the city treasurer, the city 



PUBLIC SCHOOLS IN CITIES. 235 

comptroller, the city attorney and the president of the common 
council of such city, acting as a commission for such city, of 
which commission the secretary of the board of school directors 
or board of school commissioners, or of such board of educa- 
tion as such city may have, shall act as secretary, shall meet 
and appoint fifteen members of the board of school directors. 

Five of the directors so appointed sLall be appointed to 
serve from the first Tuesday of the month next following their 
appointment until the first Tuesday of July next following the 
first regular school election to be held in any city to which this 
act will apply; five of the directors so appointed shall be ap- 
pointed to serve from the first Tuesday of the month next fol- 
lowing their appointm^ent until the first Tuesday of July nest 
following the second regular school election to be held in any 
city to which this act will apply; and five from the first Tues- 
day of the month next following their appointment until the 
first Tuesday of July next following the third regular school 
election to be held in any city to which this act will apply ; and 
at the school elections to be held on the first Tuesday in April 
preceding -the expiration of the terms of those members so 
appointed, their successors shall be elected by the qualified 
voters of such city to serve for the term of six years or until 
their successors are elected and qualified. 

Within ninety days after such appointees shall have entered 
upon the duties of their office the common council of such city 
may by resolution concurred in by a majority of the members- 
elect thereof, provide for a special school election to be held 
in such city to elect successors to such appointees; five of the 
directors so elected to be nominated and elected to succeed the 
five directors appointed for the term expiring on the first Tues- 
day of July next following the first regular school election to 
be held in such city; five of the directors so nominated and 
elected to succeed the five directors appointed for the term 
expiring en the first Tuesday of July next following the second 
regular school election in such city; and five of the directors so 
nominated and elected to succeed the five directors appointed 
for the term expiring on the first Tuesday of July next follow- 
ing the third regular school election in such city; the respective 
terms of oifice of such directors so elected at such special elec- 
tion shall terminate at the respective times when the terms of 
ofiice of their predecessors would have terminated if no special 
school electicn had been called and held; in the event of such 
special school elexition in any city to which this act will apply, 
the terms of office of the directors-elect shall begin on the first 
Tuesday of the month next following such election. In the 



236 SCHOOL LAWS OF WISCONSIN. 

event sueli special school election be called by the (Common coun- 
cil of any city as hereinbefore provided, it shall be held at the 
polling- places, in the manner and nnder the charge of the elec- 
tion ofScials, ballot clerks, inspectors, etc., as the regular school 
elections to be held under this act; and nominations for such 
special election shall be made and had in like manner as pro- 
vided for the regular school electionr^ under this act; provided, 
hovpever, that no such resolution for the calling of a special 
election under this act shall be introduced except at a regular 
meeting of the council, and no action shall be taken thereon 
before the next regular meeting thereof, nor until such proposed 
resolution shall be published at least once in an official city 
paper, if there be one ; and if there be none, in some newspaper 
to be designated by the council together with a notice of the 
time said resolution will be considered. 

All vacancies in the said board of school directors caused 
by death, resignation, removal, or resulting from any cause, 
shall be filled by the board, a majority of the remaining mem- 
bers being necessary to a choice. Members so elected by the 
board shall serve until the first Tuesday in July following the 
next school election, at which election the vacancies shall be 
filled for the unexpired term in the same manner as members 
are elected for the full term. Provided, that the members of 
boards of school directors or of such board of education as 
such city may have in office when this act becomes effective in such 
city, shall hold their offices until the time for newly appointed 
members to assume their duties as provided heretofore in this 
section, or until their successors so appointed are qualified, and 
during such period shall continue to exercise all the rights and 
privileges and discharge the duties devolving upon members of 
the board of school directors under the provisions of this act. 

Section 4. The nomination of candidates to be voted for as 
members of the board of school directors shall be by peti- 
tion, and any person on whose behalf a petition shall be pre- 
sented to the proper officials not less than ten days before the 
date of such school election, signed by not less than five hun- 
dred qualified voters of the city, shall be entitled to have his 
name placed upon the ballot to be voted for as a member of 
such board of school directors. Nominations for members of 
such board shall not be under any party designation, but shall 
be "for member of the board of school directors for the full 
term" or "for member of the board of school directors for 
■ two years, to fill vancancy, ' ' etc. 

Section 5. The board of school directors shall meet on th^ 
first Tuesday of the month following the first appointment 



PUBLIC SCHOOLS IN CITIES. 237 

of its members, and in the event of a special election, on the first 
Tuesday of .the month following sr.ch special election, and 
thereafter on the first Tuesday of July in each year, and or- 
ganize by the election of the proper officers. A president 
shall be elected by said board from their own number to serve 
for one year, or until his successor shall be chosen, and in his 
absence or during his disability the board shall elect a pres- 
ident pro tempore. After his election the president shall ap- 
point standing committees, to serve for one year. 

The seat of any member shall be declared vacant by the 
board and the vacancy shall be filled by them by election in 
the manner hereinbefore provided, if the said member has 
been absent for four successive meetings of the board without 
satisfactory reason presented by him in writing. 

In case of the absence or inability, from ^ny cause, of any 
officer appointed by said board to perform the duties of his 
office, said board may appoint some suitable person to act in 
his place and stead during his absence or inability; and such 
person shall have and possess the same power or authority 
as the officer whose place he is appointed temporarily to fill. 

Section 6. The members of the board shall be subject to 
all restrictions, liabilities, punishments and limitations pre- 
scribed by law as to members of the common council in their 
city, and they shall be exempt from jury duty. A majority of 
all the members-elect of the board of school directors shall 
have power to dismiss from office for malfeasance in office in 
such city any member of the board of school directors, and 
the said board provide by resolution the manner of hear- 
ing and disposing of complaints against a member. 

The board shall not in any one year contract any debt or 
incur any expense greater than the amount of the school funds 
subject to its order as provided in this act. 

A majority of the members of the board who have duly 
qualified shall constitute a quorum for the transaction of 
business but a smaller number may adjourn. A majority of 
the whole board shall be necessary to elect any officer author- 
ized to be elected by said board. 

Regular meetings of the board shall be held at least once 
each month, at stated times to be fixed and published by the 
board in its rules, and special meetings may be called and 
held as shall be provided by the rules of the board, at which 
no other business shall be transacted than that specified in the 
notification thereof, which shall be given personally or mailed 
to each member at least twenty-four hours before the ' time 
of such meeting. 



238 - SCHOOL LAWS OF WISCONSIN. 

Section 7. The board of directors of each, city in which 
this act shall be applicable is hereby authorized and required 
to establish and organize so many public schools, in addition 
to those already established in such city, as may be necessary 
for the accommodation of the children of the city entitled by 
the constitution and laws of the state, to instruction therein. 

The said board, as herein provided, shall erect, purchase, 
hire or lease buildings, improve or enlarge the same, and pur- 
chase furniture and lots for the accommodation of such pub- 
lic schools of said city and purchase, install and maintain 
heating systems in said schools, and enter into contract for the 
carrying out of any of the purposes Jiuthorized in this act; pro- 
vided, however, that when the board of directors shall contem- 
plate the doing of any work or the purchasing of any material, 
the estimated cost of which shall exceed the sum of five hundred 
dollars, said board of directors shall advertise for proposals for 
doing the same, a plan or profile of the work to be done, accom- 
panied with specifications for doing the same, or other appropri- 
ate sufficient description of the work required to be done, and all 
the kinds or quality of material to be furnished, being first 
placed on file in the office of said board for the information of 
bidders and others. Such advertisement shall be published at 
least six days in the official papers of such city and shall state 
the work to be done and the time for doing the same, which shall 
in all cases be such reasonable time a? may be necessary to en- 
able the contractor with proper diligence to perform and com- 
plete such work. 

All proposals shall be sealed, and directed to said board and 
shall be accompanied with a bond to such city in the penal sum 
not less than thirty per cent, of the amount of the board's esti- 
mate of the cost of such work, as such board in such advertise- 
ment may direct, and such board in letting any such contract 
and in doing such work shall proceed in manner and form and 
have the power and authority in manner and form as is vested 
in the board of public works, or other public officer or officers, of 
any such city for the doing of any public work and the entering 
into contracts therefor. Such board shall also have authority 
to reserve the right to reject any and, all bids submitted. Such 
contracts shall run in the name of the said city, and shall be ex- 
ecuted and signed by the president and secretary of the board of 
school directors, countersigned by the comptroller of said city, 
and shall be approved by the city attorney of the said city, as to 
form and execution. The selection of sites for school buildings, 
and adoption of plans for the erection of school buildings, shall 



PUBLIC SCHOOLS IN CITIES. 239 

be determined by a committee consisting of tbe president of the 
board of sebool directors, the chairman of the committee on 
buildings of said board of school directors and the superintend- 
ent of schools who shall be known as the statutory committee on 
school sites and plans. Their decision shall be subject to the ap- 
proval of the said board of school directors. The schoolhouses now 
erected and the lots on which they are situated and the lots now 
or hereafter purchased for school purposes and the schoolhouses 
thereon erected shall be the property of the city ; no lot shall be 
purchased or leased, nor shall any schoolhouse be erected without 
resolution duly passed by the board of school directors. Deeds 
of conveyance and leases shall be made to the city. 

The said board shall also have the power to establish and 
define from time to time the boundaries of all common and high 
school districts, in such manner as they may deem best calcu- 
lated to promote the interests of the schools. 

The board shall also have the power, subject to the powers 
and regulations of the city service commission, to employ all 
janitors necessary in the schoolhouses of their city and to fix 
their compensation, but the principal of each school shall be cus- 
todian of all buildings and rooms occupied by the school over 
which he presides and shall have the general supervision over 
the same, and shall direct the janitor thereof in relation to the 
keeping and care of such buildings and rooms. 

Section 8. The board of school directors shall have tht 
power to adopt for use in the several public schools of any such 
city, suitable text books subject to the provisions of the next 
following section. 

Said text books shall be uniform m the various schools and 
when the board shall have adopted for use in the public schools 
of any such city, any text book or text books, the same shall not 
be changed by the board for five years next thereafter; and the 
board shall require that the system of instruction in the several 
schools under its control shall be as nearly uniform as possible, 
and shall adopt at its discretion, and modify or repeal, by-laws, 
rules and regulations for its own government, and for the organ- 
ization, discipline and management of the public schools under 
its control, and generally adopt such measures a^ shall promote 
the good order and public usefulness of said schools; provided, 
that such by-laws, rules and regulations shall not conflict with 
the constitution and laws of the state. 

Section 9. The board of school directors shall elect by 
ballot at the regular meeting preceding the expiration of the 
term of office of the superintendent of schools who is in the 



240 SCHOOL LAWS OF WISCONSIN. 

office when tliis act shall become effective, a person of suitable 
learning and experience in the art of instruction, and practical 
familiarity with the most approved methods of organizing and 
conducting a system of schools, for superintendent of schools, 
and said superintendent of schools shall hold his office until the 
first day of July nest following his election as herein provided, 
and for three years thereafter, except in case of removal as 
herein provided, and each third year thereafter the said board 
shall elect at the first regular meeting in May, a superintendent 
of schools, as provided herein, who shall serve for the term of 
three years from the first day of July next following his election. 

The superintendent of schools shall, under the direction of 
the board, have a general supervision of the public schools and 
of the teachers in the cities aforesaid and of the manner of con- 
ducting' and grading of said schools. He shall appoint, subject 
to confirmation by the board, assistant superintendents and such 
other assistants and supervisors as may be authorized by the 
board. Such superintendent shall be an advisory member of 
every committee of the board, except at time where an inquiry 
into his acts or investigation of his official conduct shall be 
under consideration by such committee. A committee consisting 
of the president of the board and four members of the board 
selected by the president, shall on a strict basis of eligibility 
and fitness, examine, certificate, employ, classify, transfer and 
promote teachers. The action of such committee shall be subject 
to amendment, rejection or confirmation by the board. 

The president of the board and four members of the board, 
to be selected by the president, shall constitute a committee 
to select and determine courses of study, for the schools, and 
text books to be used therein. The action of such committee 
shall be subject to amendment, rejection or confirmation by the 
board. 

Section 10. The board shall also appoint as a vacancy shall 
occur, some suitable person to act as secretary of the board, 
who shall receive a salary to be fixed by such board. It shall 
be his duty to attend the meeting of the board, to keep a record 
of the proceedings, and a full and fair account of all receipts 
and expenditures of the board, and to do and perform such 
other duties as shall be required of him by said board. The 
secretary of the board shall, before entering upon the duties 
of his office, execute a bond to the city for which he is appointed, 
in such form and penalty and with such conditions as the board 
shall prescribe, with sureties to be approved by said board, 
which bond shall be filed with and kept in the office of the city 



PUBLIC SCHOOLS IN CITIES. 241 

clerk of said city, and the board may require seciirity to be 
given for the faithful performance of his duties by any officer 
or employe of said board, in such form and amount as the 
board shall deem best, and may at any time require of any of- 
ficer or employe additional bonds and sureties in its discre- 
tion. The secretary of the board shall also take the annual 
enumeration of the children of school age in the city, re- 
quired by law, and shall at the same time collect such further 
statistics and information relating to schools and to the pop- 
ulation entitled to school privileges in said city as may be 
directed and required by the board, and he shall receive for 
such service a compensation or fee of two cents per capita 
upon the entire enumeration of persons between the ages of 
four and twenty, residing in said city, to be audited by the 
board and paid out of the funds provided for the support 
of the schools. 

Section 11. It shaU be the duty of the secretary of the 
board, within thirty days after the appointment of teachers 
and other salaried employes, to report to and file with the 
city comptroller or other auditing officer of the city, a duly 
certified list of teachers and employes so appointed and a 
statement of the time or times fixed for the payment thereof. 
He shall also, as often as any action by said board changing 
the salaries of any of the officers of said board, or of any such 
teachers or employes, or making " a new election or appoint- 
ment to any position entitling the person appointed to receive 
a stated salary immediately after such action is had, in like 
manner file with such comptroller or other auditing officer' a 
certified list and statement of all such changes and appoint- 
ments. All claims and demands against the city or board, be- 
fore they are allowed by the board, shall be audited and ad- 
justed by the comptroller or other auditing officer of such city, 
immediately after the allowance by the board of any claim or 
account it shall be the duty of the secretary of the board to 
furnish to such comptroller or other officer a complete list 
of the same, together with the proper voucher, stating the 
character of the material or service for which the same is ren- 
dered; and before a warrant shall be issued therefor it shall 
be the duty of such comptroller or other officer to sign the 
same. And said secretary shall also make and file with the 
comptroller or other auditing officer quarterly statements of 
the condition of the fund for the support of schools and of 
the financial transactions of the board during the three months 
next preceding such statement. 
16— S. L. 



242 SCHOOL LAWS OP WISCONSIN. 

Section 12. The superintendent of schools, or the secre- 
tary of the board, may be removed from office for misdemeanor 
in office, incompetency or inattention to the duties of his of- 
fice, by a vote of two-thirds of the board; provided that notice 
in writing of charges against him and of the time and place 
of hearing and acting upon the same shall be served upon the 
accused at least five days before the time of hearing and 
before any action shall be taken by the board thereon. And 
the accused shall be heard by himself or counsel, and either 
party may procure witnesses, who shall be sworn by the pres- 
ident of the board and give testimony subject to the pains 
and penalties of perjury. 

Section 13. The board of school directors is hereby author- 
ized and it shall be their duty, to maintain the high schools 
now established in said cities, and to establish and maintain 
such other- high schools as may from time to time be found 
necessary by them, and said board shall divide said city into 
high school districts and _said schools shall be opened to stu- 
dents residing within said districts. 

Section 14. The high schools shall be public schools and 
as such under the same supervision and control in respect to 
location, buildings, leases, furniture, teachers, text books and 
course of study, and all other matters as is provided herein- 
Itefore in the case of common schools. 

Section 15. The course of study in the high school shall 
be liberal, and shall embrace such studies as said board and 
the superintendent may deem proper, and the board shall 
have power to grant diplomas in testimony of scholarship and 
literary acquirements. 

Section 16. (Chapter 459, laws of 1907, as amended by 
chapter 369, laws of 1909.) 1. The said board shall report 
to the common council of each city under this act, at or be- 
fore the first m^eeting of the council in September in each 
year, the amount of money required for the next fiscal year 
for the support of all the public schools in said city including 
high schools, and it shall be the duty of said common council 
to levy and collect a tax upon all the property subject to taxa- 
tion in said city, at the same time and in the same manner as 
other taxes are levied and collected by law, which, together 
mth the other funds provided by law, and placed at the dis- 
posal of said city for the same purpose, shall be equal to the 
amount of money so required by the said board of school di- 
rectors for school purposes, as provided in this act; the said 
board shall also report to the common council, at the same time 



PUBLIC SCHOOLS IN CITIES. 243 

as above, the amount of money required for the next fiscal 
year for the repair and keeping in order of school buildings, 
fixtures, * * * and the repair of broken or worn out fur- 
niture, the making of material betterments to school property 
and the purchase of the necessary additions to school sites, 
in accordance with the provisions of this act, and it shall be 
the duty of the said common council to levy and collect a tax 
upon all the real and personal property in said city subject 
to taxation, at the same time and in the same manner as other 
taxes are levied and collected by law, which shall be equal to 
the amount of money so required by the said board of school 
directors for the said purpose, as provided in this act; pro- 
vided, that the tax so levied upon each dollar of the assessed 
valuation _of all property, real and personal, in said city sub- 
ject to taxation shall not in any one year, prior to July 1st, 
1911, exceed * * * four mills, nor in any one year there- 
after four and one-half mills for the snpport of all schools, and 
one-half mill for the repair and keeping in order of school 
buildings, fixtures, grounds and fences, the purchase of school 
furniture and the repair of broken and worn out furniture, 
the making of material betterments to school property and the 
purchase of necessary additions to school sites, and the said 
taxes for the purpose named in this section shall be in addition 
to the tax to be levied for the general city purposes upon all 
the taxable property of said city. The said tax and the 
entire school fund of the city shall not be used or appro- 
priated directly, or indirectly, for any other purpose than the 
payment of the salaries of the superintendent of schools and 
his legally authorized assistants, the secretary of the school 
board," and legally qualified teachers whose appointment is con- 
firmed by said board and such employes as the board may deem 
necessary, the necessary and current expenses of the schools in- 
cluding the purchase of school supplies, apparatus, fuel, gas, 
electricity or electrical power and * * * such other school 
purchases and purposes * * * as may be required for the 
proper maintenance and administration of the schools. 

2. All moneys received by or raised in such city for school 
purposes shall be paid over to the city treasurer, to be dis- 
bursed by him on the orders of the president and secretary of 
said board, countersigned by the city comptroller; provided, 
that the president, instead of signing each order, may certify 
upon the pay rolls furnished by the secretary to the comptroller 
to the fact that the amounts therein are correct as allowed by 
said board. Provided, that the board of school directors may 



244 SCHOOL LAWS OF WISCONSIN. 

provide by resolution for the payment of all persons employed 
by said board in the service of the city upon monthly pay rolls 
and the manner in which the same shall be certified, audited and 
approved and payment made thereon and such pay rolls shall 
in all cases be certified by the president and secretary and fi- 
nance committee of said board of school directors and counter- 
signed by the city comptroller of such city. 

Section 17 (as amended by Chap. 281, Laws of 1909). 
Whenever the board of school directors shall deem it necessary 
to erect new buildings or additions to old buildings, or to pur- 
chase school sites, they * * * shall by a two-thirds vote 
of the members, send a communication to the common council 
of said city, at or before the first meeting of the council in 
November in each year, stating the amount of funds so needed 
and the purposes for which it is proposed to use the said funds, 
and requesting the said common council to submit to the voters 
of said city at the next election of any sort to be held in said 
city the question of issuing the school bonds of said city in the 
amount and for the purpose or purposes named; and upon re- 
ceipt of such request from the board of school directors it shall 
be and is hereby made the duty of the said common council 
to cause the question of the issuance of the said bonds for the 
said school purposes to be submitted to the voters of the said 
city at the next regular, special or other election held in the said 
city. The question of the issuance ol the said school bonds 
shall be submitted upon a separate ballot, or in some other 
manner so that the vote upon the issuance of said school bonds 
shall be taken separately from any other question submitted to 
the voters at the same election, and if a majority of the votes 
cast upon such bond proposition shall be in favor of the issu- 
ance of said bonds, then the common council of said city shall 
cause such school bonds to be issued forthwith in the same 
manner as other bonds which have been properly authorized 
are issued, and the proper officials of the said city shall sell 
or dispose of the said bonds in the same manner as other bonds 
are disposed of and the entire proceeds of the same shall be 
placed in the city treasury, subject to the order of the said 
board of school directors, for the purposes named in the request 
for the issuance of the said bonds. Said school bonds shall not 
bear a greater rate of interest than four per cent per annum, 
and shall be payable in twenty years from the date of their 
issue, one-twentieth of the principal to be payable each year, 
and the r.aid common council is hereby authorized and it is 
made their duty to levy and collect a tax upon all property, 



. PUBLIC SCHOOLS IN CITIES. 245 

real and personal, in the said city subject to taxation, in the 
same manner and at the same time as other taxes are levied 
and collected, which shall be sufficient to pay the interest on all 
school bonds outstanding, issued under the provisions of this 
act, and to pay such part of the principal of such school bonds 
so issued as becomes due and payable during the next fiscal 
year. The amount of such school bonds outstanding at any one 
time shall not be greater than one per cent of the total assessed 
valuation of all property, real and personal, in the said city 
subject to taxation, and the tax levied to pay the interest on 
and the principal of the said school bonds shall be in addition 
to the tax levied for general purposes upon all the taxable 
property of said city. 

Section 18. The board shall be governed in all things by 
the school laws of the state, except as they are altered or mod- 
ified by this act. They shall report to the common council an- 
nually the general proceedings and acts of- said board, the 
number and condition of the public schools kept in said cities 
during the year, and the time they have severally been taught, 
the number and names of teachers; the number of children 
taught in said schools respectively; the result of the annual 
enumeration required by law; the extent of school accommo- 
dations in the several schools; the amount of school money 
raised or received during the year; distinguishing the amount 
received from the state fund, from the amounts derived from 
taxes levied by the county board of supervisors and by the 
common council respectively; and the amounts allowed by 
them against the school fund in detail, together with such 
other information as they may deem useful, or as the common 
council may require. A copy of said report shall be trans- 
~iitted to the state superintendent of public instruction, and a 
like copy to the librarian of the state historical society in 
Madison. 

Section 19. No member of the board of school directors, 
superintendent, assistant superintendent, secretary of the 
board, other assistant, teacher of any common school or high 
school, or janitor or other employe of the board, shall be in 
any wise interested in any purchase or sale of any real or 
personal property by the city for the use or convenience of 
any of the schools, and no such contract made in violation of 
this provision shall be valid, and any consideration paid by 
the city upon any such purchase or sale herein prohibited, 
may be recovered in an action at law in the name of the city 
aggrieved thereby, and any person so offending against the 



246 SCHOOL LAWS OF WISCONSIN. 

provisions of this act sliall be removed from any position held 
by him under this act. 

Section 20. This act is not intended to affect the term of 
office of any person now serving in any capacity by virtue of 
an appointment heretofore made by the school board in any 
such city, but such officer shall continue to serve in the same 
capacity under the board of school directors hereby created 
for the term of which he was so appointed; subject, never- 
theless, to be removed from such office for the causes and in 
the manner mentioned in this act. Any vacancy for any 
cause occurring in any office subject to the provisions of this 
act, shall be filled by appointment for the unexpired term. 

Section 21. This act is amendatory of the charters of the 
various cities to which it applies or may hereafter become 
applicable, and any provision of said charters inconsistent 
herewith is hereby modified, amended or repealed by this 
act to the extent necessary to giv;^ full force and effect to the 
intent hereof. 

It must be understood that the provisions of this act apply only to 
cities of the first class, that is, to the city of Milwaukee. 



TEACHERS' RETIREMENT FUND. 247 



XXY.— TEACHERS' EETIREMENT FUND. 



Cities of the first class. (Chapter 453, Laws of 1907, 
creating section 925xx.) Section 925 — xx. 1. Two female 
teachers, two male teachers and four members of the board 
of school directors, in cities of the first class shall constitute 
in their respective cities, a board of trustees for the purpose 
herein set forth. The teachers who shall elect to come un- 
der the provisions of this act shall hold their first annual 
meeting on the first Saturday of October ,1907, and shall 
elect by ballot, one female teacher who shall hold office for 
a term of one year, one female teacher who shall hold office 
for a term of two years, one male teacher who shall hold 
office for a term of one year, and one male teacher who shall 
hold office for a term of two years; and a majority of all 
the votes cast shall be necessary in each case for an elec- 
tion. Such meeting shall be called by the secretary of the 
school board by giving due notice to all such teachers of 
the hour and place where the meeting shall be held. AnnualJy, 
thereafter, at a meeting duly called by the board of trus- 
tees on the first Saturday of October, one female teacher and 
one male teacher shall be elected in the same manner for a 
term of two years. The boards of school directors of cities 
of the first class shall, at their regular meeting in October, 
1907, elect two of their number to be members of the board 
of trustees for a term of one year, and two of their number 
to be members of the board of trustees for a term of two 
years; and annually thereafter, at their regular October 
meetings, the boards of school directors shall elect one of 
their number to be a member of the board of trustees for a 
term of two years. The board of trustees shall organize with- 
in ten days after the regular October meeting of the board of 
school directors by the election from their members of a pres- 
ident and a secretary, and may adopt rules of order not incon- 



248 SiCHOOL LAWS OF WISCONSIN. 

sistent with this act. In case of vacancy, the board of trus- 
tees shall within ten days after its occurrence, fill the same 
for the unexpired term. 

2. A teachers' retirement fund is hereby created in cities 
of the first class, and the fund shall consist of: A permanent 
and a general fund. 

The permanent fund shall be made up of gifts and legacies 
specifically given to said permanent fund, and the sums set 
apart by the board of trustees. 

The general fund shall be made up of : 

(a) Gifts and legacies not specifically given to said perma- 
nent fund. 

(b) All amounts retained from salaries of teachers under the 
provision of this act and the interest derived from said per- 
manent fund. 

(c) The board of school directors in cities of the first class 
may pay out of the school fund into the teachers' retirement 
fund a sum not to exceed one per cent, of the gross receipts 
raised by taxation for school purposes. 

(d) All moneys obtained by such other methods of incre- 
ment as may be duly and legally devised for the increase of 
said fund. 

The general fund may be drawn upon for the purpose of 
this act by said board of trustees. 

3. Said board shall have control of the retirement fund, 
investing the same only in such securities as savings banks 
are authorized by law to invest in. The board shall receive 
and consider all applications for annuities under this act, and 
when in their opinion the best interests of the school are 
served by the retirement of the applicants shall determine and 
direct payment of the annuities. The board shall keep full 
and complete records of the receipts and disbursements of 
this fund, and a complete list of all annuitants, and shall make 
a report of the same at each annual meeting of the teachers in 
October. All necessary expenses incurred by the board in 
carrying out the provisions of this act shall be paid out of the 
retirement fund, in accordance with the votes of the board. 
The members of the board shall serve without compensation. 
Whenever any member of the board shall cease to hold a po- 
sition as member of the board of school directors, or as teacher, 
in the public schools, his or her membership in the board shall 
thereupon cease. 

4. The city treasurer shall be the custodian of the retire- 
ment fund, and shall make payments therefrom as ordered by 
the board of trustees. 



TEACHERS' RETIREMENT FUND. 249 

5. Beginning with the monthly payments in November, 1907, 
the board of school directors shall reserve from the salary of 
each teacher who has come under the provisions of this act 
the sum of four dollars ($4.00), and from every monthly 
payment thereafter for a period of twenty-five years, shall re- 
serve the sum of two dollars ($2.00), and shall pay the sums 
so reserved into the school teachers' retirement fund, as herein 
provided. 

6. The city treasurer upon the order of the board of trus- 
tees, shall pay out of said retirement fund, in monthly pay- 
ments, such an annuity to any teacher who shall retire from 
the service of the city, as the fund will allow, and said board 
of trustees shall determine; but in no case shall a teacher 
receive such annuity unless such teacher has taught for twenty- 
five years, and ,for at least fifteen years in the public schools 
of the city or cities to which this act applies, except as herein- 
after provided. 

7. All annuities granted by the board of trustees under 
the provisions of section six shall be uniform in amount except 
as provided in section eight- of this act. 

8. No annuity shall be paid to any teacher until sucK 
teacher shall have contributed to the general fund a sum equal 
to all the assessments for twenty-five year3, to-wit : five hun- 
dred dollars. Should any teacher retire under section six and 
be unable to pay the full amount of assessment as above 
specified,, the board of trustees shall pay to such retiring 
+eacher an annuity directly proportionate to the amount of 
money paid by such retiring teacher into the public school" 
teachers' retirement fund. 

9. Any teacher who shall have been a contributing member, 
who shall retire from the service, not being in receipt of an 
annuity, shall, if an application is made within three months 
after date of his retirement, receive one-half of the total 
amount paid by him into the retirement fund. 

10. All annuities granted under the provisions of this act 
shall be exempt from attachments and garnishment process, 
and no annuitant shall have the right to transfer or assign 
his or her annuity, either by way of mortgage or otherwise. 

11. All elections or appointments of teachers by the board 
of school directors shall be subject to the provisions of this 
act, and all such elections and appointments shall be on pro- 
bation; but on a successful probation of four years the election 
or appointment shall become permanent during efficiency^ 
and good behavior. No teacher who is a contributor of said 



250 SCHOOL LAWS OF WISCONSIN. 

fund, and whose position has become permanent by virtue of 
successful probation, shall be removed or discharged by the 
board of education except for cause upon written charges. 
The teacher shall receive a copy of such written charges at 
least three days before the hearing thereof. 

12, This act shall be binding on all teachers employed in 
cities of the first class at the time of its enactment, who shall 
thereafter elect to come under its provisions. Notice in writ- 
ing to the superintendent of schools shall constitute such, elec- 
tion. All teachers not employed in cities of the first class at 
the time of the enactment of this law, who may be elected or 
appointed subsequent thereto, shall be bound by the provisions 
of this act, when their respective appointments shall have be- 
come permanent as herein provided. 

13. The term "teacher" in this act shall include all super- 
intendents, principals, and regular instructors employed in the 
public schools of cities of the first class, provided, however, 
that the election or appointment of the superintendent, the 
assistant superintendents, 'and special supervisors shall not be 
affected by paragraph eleven of this act. 

The provisions of this act apply to the city of Milwaul^ee only. 



GENERAL CHARTER LAW CLASSIFYING CITIES. 251 



XXVL— GENERAL CHARTER LAW DIVIDING 
CITIES INTO CLASSES. 



Board of education; election; appointment; terms; 
changes of school systems and boundaries of districts, vil- 
lages and cities. Section 925 — 113. (Chapter 177, Laws of 
1909.) 1. If in any city other than of the first class which has 
adopted the general charter law; or which shall hereafter be- 
come incorporated under the provisions of section 925g, of the 
statutes, or which has adopted or which shall hereafter adopt sub- 
chapter XIV of chapter 40a, of the statutes, there shall be at the 
time of such adoption or incorporation a board of education or a 
school board elected by the people, or the ordinary school dis- 
trict system is in force, the plan of school organization and 
management shall continue until changed by a majority vote 
of the electors of such school district or districts; neither shall 
the adoption of the general charter or the act of incorporation 
under the provisions of section 925g, operate to change or in any 
way affect the boundaries of any school district. 

2 If the district system is in force, the vote shall be taken 
at a special election, duly called, noticed and held as provided 
by law; and if any city shall contain more than one school dis- 
trict, then the special election shall be held in each school dis- 
trict any part of vfhich lies within the city limits, upon tlie 
same and at the same hour, and the existing system shall not 
be changed unless a majority of. the electors voting in each 
district at such special election shall vote in favor of sucii 
change. 

3. If a majority of the electors voting in each such district 
at such special election shall vote in favor of such change, then 
such change of schooh system shall go into effect and be such 
as is provided for in said sub-chapter XIV and the school dis- 
trict boundaries shall, without further action, be changed so 
as to create one school district which shall include all the terri- 



252 SCHOOL LAWS OF WISCONSIN. 

tory embraced within the limits of such city and each and all 
of those parts or portions of each such former district or dis- 
tricts lying outside of the limits of such city shall be attached 
to and connected with such city for school purposes; such 
change of the school system and school district boundaries 
shall go into effect on the first day of March following such 
special election and not earlier, and the school district boards 
and district officers existing at the time of holding such elec- 
tion shall continue in office and shall have exclusive control of 
their respective schools and school properties until such change 
of school system and school district boundaries shall go into 
effect as hereinbefore provided and to the end of the then 
current school year, and on the, first Monday of July following 
the date when such change of school system goes into effect 
each of said school boards shall settle their accounts with the 
board of education and shall deliver all property, papers and 
records of each of their respective districts to said board of 
education, 

4. Immediately after the holding of such special election in 
each such district, each school district board shall certify and re-' 
turn . the results of such election to the clerk of each city and 
town within which any part of either such district is located and 
if such change of school system is voted upon favorably in 
each such district, the clerk of each such municipality shall 
make a record in his office showing the change of such system 
and boundaries and the date when the same will go into effect. 

5. If the existing system of school organization is directed 
and controlled by a board of education or a school board either 
appointed or elected under the provisions of a special charter, 
such system can be changed by vote of the electors taken at a 
special election called and held pursuant to the provisions of 
such special charter governing special elections. 

6. If the existing system of school organization is directed 
and controlled by a board of education appointed by the mayor 
under the provisions of the general charter law, such system 
can be changed by a vote of the electors taken at a special elec- 
tion duly calld and held pursuant to law. 

7. In all cases where the existing system or plan of school 
organization shall be changed under the provisions of this act, 
such change shall not go into effect until the close of the then 
current school year. 

8. In all cities governed by this sub-chapter, the school shall 
be under the control of a board of education, which board ex- 
cept as provided in section 925 — 113n shall consist of one com- 



GENERAL CHARTER LAW CLASSIFYING CITIES. 253 

missioner from each ward and three from the city at large, to 
be appointed by the mayor and confirmed by the common 
council, or elected by the common council, if so determined by 
ordinance. The mayor in appointing or council in electing 
the first board shall divide the members into three classes as 
nearly equal as may be, one of the commissioners at large being 
in each class, and shall appoint those of one class for one year, 
those of another class for two years, and those of the remain- 
ing class for three years. Each commissioner shall hold his 
office for the term designated in such classification and until 
his successor shall have qualified; thereafter all commissioners 
shall be anpointed or elected and hold their offices for three 
years and until their successors shall have qualified. 

Section 3. There is added to the statutes three new sections 
to read: Section 925 — 113m. At the special election men- 
tioned in section 925 — 113 there shall be submitted to a vote 
of the electors of the several school districts the question, "Shall 
the board of education be elected in accordance with section 
925 — 113n?" If a majority of all the votes cast upon that 
question at such election shall be in the affirmative, then the 
board of education shall be elected in accordance with the pro- 
visions of said section 925 — 113n at the spring election held in 
such city next after the time when such change of school sys- 
tem and school district boundaries shall go into effect. 

Section 925 — 113n. 1. Where the electors have decided in 
the affirmative under the preceding section, the board of edu- 
cation shall consist of- seven commissioners elected at large 
from the territory of such city. The members of such board 
shall be divided as nearly equal as may be into three classes. One 
class of three members shall be elected for one year, one class 
of two members for two year^, and those of the remaining class 
for three years. Such commissioners shall be elected at the an- 
nual spring election held in such city. The names of the can- 
didates for the office of school commissioner shall be printed 
upon a separate ballot under the title "school commissioners." 

2. At the annual spring election next after the time when 
the change of school system and school district boundaries shall 
go into effect, there shall be elected seven commissioners to 
constitute the board of education for such school district. All 
qualified electors within such city shall be entitled to vote for 
such commissioners at such election. 

3. At the first election held for the office of school commis- 
sioner the two persons receiving the highest number of votes 
shall be elected for three years, the two receiving the next high- 



254 SCHOOL LAWS OF WISCONSIN. 

est number of votes shall be elected for two years, and the three 
receiving the next highest number of votes shall be elected for 
one year. Each elector voting at such first election shall be en- 
titled to vote for seven candidates. Thereafter such electors 
shall elect at each spring election commissioners for the term 
of three years. Each elector shall be entitled to vote for as 
many candidates as there are commissioners to be elected and 
the ones receiving the highest number of votes shall be elected. 

4. The votes cast at such election shall be canvassed and re- 
turn thereof certified to the common council. The common 
council shall canvass the returns of such election and shall 
declare the result thereof as for city officers. 

5. The persons elected in accordance herewith shall con- 
stitute the board of education of such school district. The 
term of office of each such commissioner shall commence on the 
first day of May following such election and each commissioner 
shall hold office until his successor is elected and qualified. 
Vacancies in such board of education shall be filled by appoint- 
ment by the mayor of such city subject to the approval of the 
council. Notices of election under this statute shall be given 
as in other elections in said city. 

Section 925 — 119m. 1. In all cities governed by this sub- 
chapter, having a school system under the provisions hereof 
and having attached to or connected with it for school pur- 
poses territory outside of the city limits, all the taxable prop- 
erty within the territory so attached to or connected with such 
city shall be subject to be taxed for the support and mainte- 
nance of the schools of such city, the same as property within 
such city. 

2. It shall be the duty of the city clerk of such city in each 
year to ascertain the rate per cent which all taxes raised in 
said year in said city for school purposes bear to the assessed 
value of all the property tax for school purposes within such 
city for that year, and on or before the 25th day of November 
in such year in writing to notify the town clerk or clerks of the 
town or towns in which such attached or connected territory 
is situated of such per cent or rate of taxation in such city for 
school purposes, and it shall thereupon be the duty of said town 
clerk or clerks and each thereof immediately to carry out on 
the tax rolls of such town or towns respectively for such year 
a tax for school purposes of the same per cent on all taxable 
property within that portion of their respective towns so atr 
tached to such city for school purposes and such tax so carried 
out on such tax rolls is hereby declared duly levied and a lien 



GENERAL CHARTER LAW CLASSIFYING CITIES. 255 

on sucli taxable property imtil paid the same as other taxes as 
provided by law. 

3. It shall be the duty of the treasurer of such town or each 
such town to collect said tax in the same manner as other taxes, 
and the said treasurer or treasurers respectively shall pay over 
in each year in full the amount of taxes so carried out on said 
rolls and assessed on said property in their towns respectively 
for the purposes of schools in such city to the treasurer of such 
city, in the same order and as they are now required by law 
to pay moneys raised for common school purposes, and return 
taxes collected for any school district whether such town treas- 
urer has collected such tax or not. 

4. If the taxes hereby provided for shall not be collected 
by said treasurer they shall be returned with and as delinquent 
taxes and their collection enforced in the manner now pro- 
vided by law for collecting delinquent taxes. 

Section 925— 113a. Chap. 237, Laws of 1909. 1. Upon the 
presentation of a resolution to the city clerk of any city of the 
fourth class now operating its schools under the provisions of the 
general charter or a special charter, signed by thirty per cent of 
the legal voters of such city school district, requesting a return to 
the ordinary, district system of school government, and an annul- 
ment of that provision of the charter under which the schools are 
now administered, it shall become the duty of the city council to 
submit this question to the electors of the city school district 
at a special election, duly called, noticed and held pursuant 
to law. 

2. And if a majority of the electors of the city school district 
shall, at the special election duly held pursuant to the pro- 
visions of such special charter governing special elections or of 
the general charter, vote in favor of said change of school gov- 
ernment, then thereafter the schools of such city school district 
r.hall be administered, maintained, and operated under the ordi- 
nary district form of school government until changed by com- 
petent authority. 

3. In all cases where the existing system or plan of school 
organization shall be changed under the provisions of this act, 
such change shall not go into effect until the close of the cur- 
rent school year. 

Annual meeting. Section 925 — 114. The first meeting of 
the board each year shall be held on the first Monday in May 



256 SCHOOL LAWS OF WISCONSIN. 

or as soon thereafter as may be. At such meeting the board 
shall elect one of its members president and another vice-presi- 
dent. The president shall preside and preserve order at every 
meeting of the board at which he shall be present, and perform 
such other duties as the board shall by rule, by-law or resolu- 
tion from time to time require of him. It shall be the duty of 
the vice-president to discharge the duties of the president in his 
absence. 

Secretary and superintendent. Section 925—115. In 
cities of the first class the board of education shall, annually 
at its first meeting or as soon thereafter as may be, elect a sec- 
retary who shall not be a member of the board. In other cities 
the city clerk shall be ex-officio secretary of the board. In 
cities not under the supervision of a county superintendent, the 
board shall, in like manner at such meeting or as soon there- 
after as may be, elect a superintendent of schools for the city 
who shall not be a member of the board. These officers shall 
hold their respective offices for one year and until their succes- 
sors shall have been elected, unless sooner removed by a reso- 
lution adopted by a vote of two-thirds of the members of the 
board. 

Authority of board. Section 925 — 116. The board of edu- 
cation shall have authority : 

1. To establish and organize such high schools and so many 
district schools and branches of the same, primary schools, night 
schools and kindergartens as they shall deem expedient. 

2. To establish and change from time to time such and so 
many school districts as shall include all the territory of the 
city, and tc." afford to the people of the city such district school 
lacilities as the circumstances of the city and its various parts 
may from time to time require; provided, that in cities adopt- 
ing this chapter or being newly organized under it the school 
districts already established shall remain until otherwise or- 
dered by the board. 

3. To purchase and preserve such school apparatus as may 
from time to time be required. 

4. To grade the schools and prescribe the course of study to 
be pursued therein, and the textbooks to be used; provided, 
that such text-books shall not be changed oftener than once in 
five years. 

5. To employ teachers of all grades and fix their salaries. 

6. To prescribe rules of order for the regulation of their oAvn 



GENERAL CHARTER LAW CLASSIFYING CITIES. 257 

meetings and deliberations, and alter and repeal the same from 
time to time as they shall see proper. 

7. To appoint all necessary standing and special committees. 

8. To enact, amend and repeal all necessary rules, regulations 
and by-laws for the government of the schools, teachers and 
school officers. 

9. To fix the salaries and prescribe the duties of the superin- 
tendent of schools in cities not under the supervision of a 
county superintendent; to authorize him to appoint such as- 
sistant superintendents, either for general or special service, as 
they may deem necessary, and fix the salaries of such assist- 
ants; to fix the salary of the secretary of the board and his 
assistants; prescribe his duties, whether he be the city clerk or 
one specially elected by the board, and in the latter case to 
authorize such secretary to appoint such assistants as they may 
deem necessary. 

10. To contract for and purchase all necessary fuel for the 
schools and school offices, provide for lighting the same, ap- 
point janitors for the school buildings and school offices and 
fix their salaries. 

11. To estimate the expenses of the public schools as herein- 
after provided. 

12. To exercise all the powers necessarily incident to the 
powers herein conferred. 

Monthly and special meetings. Section 925 — 117. It 
shall be the duty of said board to hold monthly meetings at 
such times as it shall from time to time prescribe; special meet- 
ings may be held under such rules and regulations as the board 
may fix. 

School buildings; office for board. Section 925 — 118. 
It shall be the duty of the board of public works except as pro- 
vided in section 925 — 87, under the direction of the council to 
erect and keep in repair all school buildings, and to provide 
suitable offices for the board of education, and its secretary, 
if there be one other than the city clerk, and the city superin- 
tendent of schools, if any. In the absence of permanent school 
buildings, or proper offices for the transaction of school busi- 
ness, the board of public works may rent suitable rooms, tempo- 
rarily, for schools or offices, or either. 

Estimates of expenses. Section 925—119 (Statutes of 
1898, as amended by Chap. 186, Laws of 1899). The board of 
17— S. L. 



258 SCHOOL LAWS OF WISCONSIN. 

education shall prior to the first day of March each year make 
an estimate of the expenses of the public schools for the en- 
suing year, including all necessary incidental expenses and the 
amount thereof which it will be necessary to raise by city tax- 
ation and certify the same to the city clerk, who shall lay the 
same before the common council at the first regular meeting 
thereof in March. It shall be the duty of the common coun- 
cil to consider such estimate and by resolution duly adopted 
prior to the first day of April, determine the amount to be 
raised by city taxation for school purposes for the ensuing year, 
which amount so fixed shall be included in the annual budget 
to be raised by a tax called the city school tax, which shall be 
collected the same as other taxes. It shall be the duty of the 
city treasurer to set aside and keep all moneys raised in any 
way for school purposes, whether by the state, the county or 
the city, coming- into his hands, in a separate fund to be called 
the school fund and to pay out the same upon the orders of 
the board of education, signed by its president and certified 
by its secretary; provided, that teachers' and janitors' salaries 
may be included in a single order each month in the form of 
a pay roll, to be signed and certified as aforesaid; provided, 
further, that in any city adopting this chapter, if at the time 
of such adoption the board of education or school board shall 
have power to levy the city school tax or the district school 
taxes, such power shall continue unaffected by this chapter, 
and this section shall hot apply to such city nor be in force 
therein until specially adopted by a vote of three-fourths of the 
members of the council. 

Section 2. (Section 925 — 142.)' On or before the first day 
of October in each year the board of public works, if there be 
one, shall file with the city clerk a detailed statement of the 
amount of money that will be required for the ensuing fiscal 
year in such department, and the city comptroller or the officer 
performing his duties shall likewise file a statement of the 
amount required by the police and fire departments, the general 
and library fund, and for the purpose of paying interest for 
the ensuing year on the public debt and five per cent, of the 
principal thereof. The city clerk shall place such estimates be- 
fore the council at its next regular meeting, and the council 
shall thereupon, by resolution, levy such sums of money as may 
be sufficient for the several purposes for which taxes are author- 
ized- not exceeding the amount provided by section 925 — 142a. 
And in making such levy they shall take into consideration the 



GENERAL CHARTER LAW CLASSIFYING CITIES. 259 

estimated amount that will be received by the city during the 
fiscal year from licenses or from any other source. • 

This is an amendment of section 925, paragraph 119, and 925, para- 
graph 142, of the Wisconsin statutes for 1898, requiring the board of 
education to make an estimate of the expenses for the public schools 
in cities for the ensuing year and to certify the amount which it will 
be necessary to raise by city taxation to the city clerk before the first 
day of March instead of October. 

Women on school boards. Section 926 — 16. Any woman 
over twenty-one years of age having an actual residence of at 
least one year next preceding the time of her election or ap- 
pointment in the ward or district from which she may be 
elected or appointed, owning at that time real estate, in her 
own right, situate in such ward or district, may be elected to 
or appointed upon school boards or boards of education in cities 
of the second or third classes and hold and exercise all the 
powers and duties of such office. Removal from such ward 
or district will create a vacancy in the office so filled. Any 
city of the second or third class existing under special charter 
may, by ordinance, adopt the foregoing provision in the man- 
ner following: Such ordinance shall be introduced at some 
regular meeting of the common council and no action shall be 
taken thereon before the next regular meeting thereof; and 
before final action shall be taken thereon it shall be published 
at least once in each week for three successive weeks in the offi- 
cial paper or some other newspaper to be designated by the 
council, together with a notice of the time at which such pro- 
posed ordinance will be considered. The adoption of such or- 
dinance shall be by at least three-fourths of all the members 
elect of the common council. When adopted as herein provided 
such ordinance shall be deemed a repeal of all parts of the 
special charter inconsistent therewith and an amendment 
thereof. 



260 SCHOOL LAWS OF WISCONSIN, 



XXYIL— APPEALS. 



Appeals to state superintendent. Section 497. Any 
person conceiving himself aggrieved by any decision made by 
any school district meeting or by any town board in forming or 
altering or in refusing to form or alter any school district, or 
by any other thing done by any officer or board under the pro- 
visions of this chapter, may appeal to the state superintendent. 
Such appeals shall be taken and heard in the manner prescribed 
by him and he shall make and file his decision within thirty 
days after the hearing thereof is closed. The decision appealed 
from shall be operative until the same shall be reversed; and 
no decision on appeal to said superintendent made by him after 
the lapse of thirty days from the time the hearing thereof is 
closed shall be effectual. 

Section 497a. (Chap. 184, Laws of 1901.) No review of 
the decisions of the state superintendent on matters decided by 
him shall be had unless proceedings of certiorari or other ap- 
propriate action be brought within thirty days after such deter- 
mination by him, or in cases heretofore decided by him, within 
thirty days after this act takes effect. 

The purpose of the comments in the preceding pages has been to 
make plain the application of the statutes to the management of the 
affairs of school districts. It should ho home in mind that the state 
superintendent can render no decision on controverted matters, with- 
out giving to all persons interested an opportunity to be heard. An 
opinion based on ex parte statements is valid only in so far as these 
statements represent fully and fairly the facts in the case. 

The law commits the formation and alteration of school districts 
and the management of public schools to the local boards and com- 
munities in which they are situated. A multitude of facts, pertinent 
to a wise direction and control of school-district affairs, are known 
by, or are easily accessible to the local authorities, which are obtain- 
able, if at all, only with very great difficulty by a distant tribunal. 
Where the local boards and communities are guided by a single pur- 
pose to subserve the public good, it will seldom be found necessary 
to take the appeal for which the section provides. It often happens, 



APPEALS. 261 

however, that the best interests of schools are sacrificed to local feel- 
ing or to personal interests. Persons aggrieved by such action may 
appeal to the state superintendent, but in doing so the following rules 
must be observed: 

RULES EESPECTING APPEALS. 

1. An appeal must be in writing, addressed to the state superintend- 
ent, and signed by the appellant, but no particular form of statement 
is necessary. 

2. The appeal should be as brief as is consistent with a complete 
statement of the case. It should set forth the action or proceedings 
appealed from, and the reasons why such action should be set aside. 
If the appeal is founded upon the refusal of the supervisors to act, the 
reasons why the action asked for should have been taken by such su- 
pervisors, must be clearly shown, if the appeal relates to the forma- 
tion or alteration of a district, a map or plat of the district or dis- 
tricts affected by the order from which the appgal is taken, showing 
the boundaries, location of the schoolhouses and the situation of the 
marshes, rivers and bridges of the territory in question should be 
presented with and made a part of the appeal. A statement showing 
the assessed valuation of the district or districts, or of the several 
parts of a district divided, and the number of children over four and 
under twenty years of age residing in each, should accompany the 
map, and form a part of the papers in the case. When the papers are 
completed,^ they should be fastened together, numbered or lettered for 
reference, and an affidavit attached, setting forth that the statements 
therein made are true, and that the map, list of children, and valuation 
of property are correct. The affidavit may be in form as follows: 

A. B., being duly sworn, deposes and says that the statements made 
in the above appeal, ail and several, are true, according to the best of 
his knowledge and belief, and further that the accompanying map, 
list of children, and valuation of property are correct.* 

(Signed) ;^ 

Appellant. 

Sworn to and subscribed to before me this day of , 190 — . 

C. D., 
Justice of the Peace (or Notary Public). 

3. A complete and correct copy of the appeal and affidavit, and all 
accompanying papers should be made, to which another affidavit should 
be attached, stating that they are correct copies of the papers in the 
case. 

The form of the affidavit may be as follows: 

A. B., being duly sworn, deposes and says that the above is a full 
and correct copy of an appeal, and all accompanying papers, designed 
to be sent to the state superintendent. 

(Signed) 

Subscribed and sworn to before me this day of , 19 . 

C. D.,' 
Justice of the Peace (or Notary Public). 

This affidavit should be made upon the copy only— not upon the 
original appeal that is to be sent to the state superintendent The 
copy should then be served upon the party from whose action the ap- 

*In other matters than formation or alteration of districts, the lat- 
ter part of the affidavit after the word "belief," may .he omitted or 
any needed change may be made. 



262 SiCHOOL LAWS OP WISCONSIN. 

man of the board is a suitable party upon wtiorQ to serve the copy; if 
from the proceedings of a district meeting, upon the clerk or chair- 
man of the meeting. It should not be served, however, upon an indi- 
vidual who did not sustain the action appealed from as in that case 
no answer is likely to be made. . 

The person serving the copy of appeal should carry with him the 
original appeal, so that the party from whose action the appeal is 
taken may, if willing, admit service of a true copy, by the following 
form indorsed upon the original appeal: 

I, E. F., do hereby admit service of the above (or within) appeal, 
peal is taken, either by handing it to him, or leaving it at his resi- 
dence. If the appeal from the action of the supervisors, the chair- 
( Signed) . 

In case no such admission of service be made, the appellant will ap- 
pend to his appeal an affidavit of the following form: 

A. B. being duly swcrn, deposes and says that upon the day of 

, 190 — , he did serve a true and verified copy of this appeal, and all 

accompanying papers, upon E. F., by handing the same to said E. F. 
(or by leaving it at his residence as the case may be). 

(Signed) . 

Sworn to and subscribed before me this day of 19 — . 

C. D., 
Justice of the Peace (or Notary Public). 

When several persons unite in making an appeal, the affidavits may 
be so changed as to admit the names of all the appellants, and each 
should sign the appeal and subscribe to each and every affidavit. 
When the action appealed from is the action of several persons, it is 
sufficient to serve a copy of the appeal upon any one of the number, 
but it should always be served upon one not agreeing with the appel- 
lants, thai an answer n?ay be made. 

When all the above directions are complied with, the original papers 
are ready to be forwarded to the state superintendent. 

4. An appeal should be taken within thirty days from the perform- 
ance of the act appealed from, or within thirty days after the action 
complained of has come to the knowledge of the appellant. 

THE ANSWEE. 

1. The appellee has fifteen days in which to prepare his answer, and 
all the directions above given in reference to the preparation and 
service of a copy of the appeal papers, should be complied with in pre- 
paring and serving the answer upon the appellant, before it is for- 
warded to the state superintendent. The forms of affidavit given 
above will answer in all cases for forms to be used by the appellee, by 
changing the words so that the affidavit shall refer to an "answer to 
an appeal," instead of to an appeal, and by signing it as appellee in- 
stead of appellant. 

2. The answer to an appeal may be served upon any one of a num- 
ber of appellants. When the town board of supervisors is a party, and 
papers have been served upon the chairman, if he is in favor of the 
party appealing, one of the other supervisors should make answer. 

3. In case of neglect of the proper appellees to answer an appeal, 
any person having an interest in the matter may make answer to it, 
being governed in all cases by the same rules as would govern appellee. 



APPEALS. 263 



KEPLICATION OK EEJOINDEE. 

A replication or rejoinder will be allowed, upon proof that new 
facts have ccme to the knowledge of the party wishing the rejoinder 
since the appeal or answer was submitted to the state superintendent, 
or that there are material errors in the statement of the other party. 

GENEEAL EEMAEKS. 

If the appellant or appellee presents statements of other parties, 
these statements should be verified by the affidavit of the person mak- 
ing the same. 

All decisions on appeal must be filed or recorded as the state super- 
intendent shall direct. 

No decision can be rendered on ex parte statements. No papers will 
be considered that are not properly verified, and properly served on 
opposing parties. 

The pi'opriety of leaving out of appeals all matters of a purely per- 
sonal character, except as they may have a direct bearing upon the 
subject, is obvious. 

As appeals are usually decided upon written and not upon oral evi- 
dence, it is not necessary or proper for either party to appear in per- 
son, expecting to be heard in the case, without the presence of the 
other party. 

Particular care should be taken to follow the directions in regard 
to afiidavits, serving copy, etc., so that it may not be necessary to send 
papers back for correction. 

Not only must every paper presented in a case, by either party, be 
verified by affidavit, and a copy be served on the other side, but iu 
making the copy, care must be taken to copy every afiidavit as well as 
the statement which it verifies. If this is not done, the party upon 
whom such copy is served has no evidence that the original was 
sworn to. 

If the appeal is not taken or the answer or rejoinder made within 
the prescribed time, the reasons for the delay must be given. 

APPEALS BY TEACHEES. 

Any person refused a certificate by the county superintendent of 
schools may make appeal to the state superintendent, according to sec- 
tion 452, using the ioJlcwing form: 

To A. B., County Superintendent of Schools for County: 

Sir: You are hereby notified that I intend to appeal from your re- 
fusal to grant me a certificate, and I hereby ask you for your reasons 
for such a refusal, that I may present the same to the state superin- 
tendent, with my appeal. 

Respectfully yours, . 

The refusal is ordinarily for alleged want of learning. In this case 
the appellant will ..rsually appear before the state superintendent for 
re-examination. He should not come, however, without previous no- 
tice; but after notice to the county superintendent, as above, and on 
obtaining the statement of reas"Ons for refusal, he should forward the 
same to the state superintendent, notifying him of his desire for a re- 
ex'amination, that a time may be fixed which may be convenient to 
both parties. 

If the appellant snd county superintendent mutually agree that the 



264 SCHOOL LAWS OF WISCONSIN. 

appeal shall be decided on the papers on which a certificate was re- 
fused, a re-examinalion may not be necessary. 

If the refusal i? tor alleged want of ability to teach, or for alleged 
immorality, the appeal will be decided on the evidence submitted in 
writing by the parties. The papers should be made out and verified., 
and copies served, as provided under the Rules for Appeals. 

In case a teacaer'^5 certificate is annulled. he also has a right of ap- 
peal. For this purpose the following form may be used: 

To A. B., County ^;uperintendent of Schools for County: 

Sir: You are heieby notified that I intend to appeal from your ac- 
tion in annulling mj, certificate, and I hereby ask for your reasons 
for such action, that I may present the same to the state superintend- 
ent, with my appeal. 

Respectfully yours, ■■ . 

The directions given above, in regard to an appeal from a refusal to 
grant a certificate are to be followed, as far as applicable, in an ap- 
peal from the action of a superintendent in annulling a certificate.. 



MISCELLANEOUS LAWS— PENALTIES. 265 



XXYIIL— MISCELLANEOUS LAWS 
PENALTIES. 



Clerk's liability. Section 498. Every district clerk who 
shall wilfully neglect to make the annual report for his district 
fcs required by law shall be liable to pay the whole amount of 
money lost by such district in consequence of his neglect, which 
shall be recovered in an action in the name of and for the use 
of the district. 

Town clerk and superintendent's liability. Section 499. 
Every town clerk who shall neglect or refuse to make and de- 
liver to the county superintendent his annual report as required 
in this chapter within the time limited therefor shall be lia- 
ble on his official bond to pay the town the amount which such 
town or any school district therein shall lose by such neglect 
or refusal, with interest thereon; and every county superin- 
tendent who shall neglect or refuse to make the report required 
of him by this chapter to the state superintendent shall be lia- 
ble to pay to each town the amount which such town or any 
school district therein shall lose by such neglect or refusal, with 
interest thereon, to be recovered in either case in an action pros- 
ecuted by the town treasurer in the name of the town. AU 
money collected or received by any town treasurer under the 
provisions of this section shall be apportioned and distributed 
to the school districts entitled thereto in the same manner that 
the money lost by any such neglect or refusal would have been 
apportioned and distributed. 

Neglect of duty. Section 500. Every taxable inhabitant 
receiving the notice mentioned in sections 413 and 415, and 
every chairman of the first district meeting in any district who 
shall wilfully neglect or refuse to perform the duties enjoined 
upon him by this chapter, shall respectively forfeit the sum of 
fiye dollars. Eyery persoji duly elected to the office of director. 



2^6 "BCHOOL LAWS OF WISCONSIN. 

treasurer or clerk of any school district who shall neglect or 
refuse without sufficient cause to accept such office and serve 
therein, or who, having entered upon the duties of his office, 
shall neglect or refuse to perform any duty required of him by 
the provisions of this chapter, shall forfeit the sum of ten dol- 
lars; and every school district officer who shall neglect or re- 
fuse to deliver to his successor in office all records, books and 
papers appertaining to such office shall forfeit not exceeding 
fifty dollars. 

Who not to deal in school books, etc. Section 501. 
Neither the state superintendent, his assistant, nor any person 
in his office, nor any county superintendent, nor school district 
officer, nor any officer or teacher connected with any public 
school shall act as agent or solicitor for the sale of any school 
books, maps, charts, school library books, school furniture, ap- 
paratus or stationery, or furnish any assistance to or receive any 
reward therefor from any author, publisher, bookseller or dealer 
doing the same. Every person violating this section shall for- 
feit not less than fifty nor more than two hundred dollars for 
each offense and be liable to removal from office therefor. 

Drawing unauthorized order. Section 502. Every dis- 
trict clerk who shall draw an order upon the treasurer for any 
purpose not authorized by law, and every director who shall 
countersign such order, shall forfeit for each such order not less 
than twenty nor more than one hundred dollars. 

Refusal to enforce decision. Section 504. In case the 
town board or any other officer shall neglect or refuse to carry 
into effect any decision of the state superintendent made upon 
an appeal from their or his action or refusal to act, each sup- 
ervisor or other officer refusing or neglecting shall forfeit the 
sum of fifty dollars; and every town clerk who shall so neglect 
or refuse shall also be liable to removal by the town board upon 
proper notice thereof. 

Recovery of forfeitures. Section 505. All actions for the 
recovery of any forfeiture incurred under the provisions of this 
chapter shall be prosecuted by the director of the school dis- 
trict interested, except when such director has incurred a for- 
feiture, in which case such action shall be prosecuted by the 
treasurer of such district; and in case either shall refuse or 
neglect to prosecute he shall forfeit twenty dollars. All for- 



MISCELLANK,OUS LAWS— PENALTIES. 267 

feitures recovered shall be first applied to the necessary expenses 
of snch prosecutions, and one-lialf of tlie remainder shall be 
paid into the district treasury for the use of the district and 
the other half to the county treasurer for the benefit of the 
school fund. 

By voter. Section 506. Whenever any person or officer 
designated in this chapter to prosecute an action for a forfeiture 
or for a neglect of duty shall fail to prosecute such action for 
the space of ten days after being requested in writing by a vote 
of the proper district so to do, any voter may prosecute such 
action for the recovery of such forfeiture or for any neglect of 
duty in the manner herein prescribed. 

Removal of officers. Section 507. Any school district of- 
ficer may be removed from office by the county judge for wilful 
neglect of any duty upon the written application of the major- 
ity of the legal voters of his district or of any person aggrieved 
by such neglect, containing a full statement of all the charges 
preferred against him. A copy thereof, with a notice of the 
time and place when and where a hearing upon the same will 
be had, shall be served upon such officer at least ten days before 
such hearing. Such officer shall have full opportunity to be 
heard in his defense ; and the judge, upon satisfactory proof of 
such neglect of duty, may by order remove such officer from 
his office, and in case of removal shall forthwith file such order 
in the office of the town clerk and cause 9, copy thereof to be 
served upon each of the other officers of the district. The per- 
son so removed from office shall not be appointed to fill the va- 
cancy occasioned by such removal ; and for all services per- 
formed by the county judge under the provisions of this sec- 
tion he shall receive three dollars for each day actually em- 
ployed, to be paid by the county. 

Removal of county superintendent. Section 975. The 
judge of the circuit court may, in term time or vacation, by an 
order specifying the cause thereof, a copy of which he shall cer- 
tify to the county clerk, remove any county superintendent of 
schools in his circuit for incompetency, wilful neglect of duty 
or for acting as agent for or receiving any fee or reward from 
any author, publisher, bookseller or dealer in school books, maps 
or charts or school library books or school furniture or appa- 
ratus. Such removal shall be made only upon a petition set- 
ting forth fully the charges preferred against him, and after 



268 SCHOOL LAWS OF WISCONSIN. 

a copy thereof, with a notice attached, stating the time and 
place when and where such petition will be presented to such 
judge, shall have been personally served upon such superintend- 
ent at least thirty days before the hearing, and an opportunity 
given him to be heard. The testimony shall be taken and the 
proceedings conducted summarily under such reasonable regu- 
lations as the judge shall prescribe. 

Doors, what to open outwardly; fire escapes. Section 
4390, (Chapter 328, laws of 1909 amending Section 4390, stat- 
utes of 1898 as amended by chap. 380, laws of 1901). Every 
building now or hereafter used, in whole or in part, as a public 
building, public or private institution, hotel, inn, school houst, 
church, public hall, place of assemblage or place of public re- 
sort, factory or workshop, opera house or office building, must 
be provided with * * * exits having doors that open or 
swing outward, whether such doors are outer doors or open 
upon vestibules or stairways and when storm doors are used, at 
the entrance of any such building, either inside or outside, said 
storm doors, shall have a glass therein, not less than fifteen 
inches square * * *. Any owner, tenant, corporation, per- 
son or persons in charge of any of the above named buildings 
who shall fail to comply with this section ^ *' * or any 
architect who shall prepare plans for any building which is re- 
quired by * * * this section to be provided with such 
doors * * * without providing in such plans for the same 
shall be punished by a fine not exceeding five hundred dollars 
or by imprisonment in the county jail not longer than ninety 
days. The provisions of this act shall not apply to rural school 
buildings of but one story in height. 

Chapter 349, Laws of 1901, provides that every school house, hotel, 
tenement house, public building, etc., etc., more than two stories high 
shall be provided with one or more iron fire escapes with iron plat- 
forms, etc. Severe penalties are provided for by chapter 349 for failure 
to comply therewith and the enforcement of the law comes within 
the jurisdiction of the commissioner of labor, the factory inspectors, 
or of chiefs or marshals of the fire departments of cities and villages. 
It is hot compulsory that the doors of one story school buildings shall 
open outward. 

Injury to public buildings, to timber on state or county 
lands ; removing stone or mineral from lands, etc. Section 
4442. Any person who shall cut down, injure or destroy any 
tree or timber, growing or standing upon land belonging or 
mortgaged to or held in trust by the state, or who shall take and 
carry away any timber or wood so cut or severed, or previously 



MISCELLANEOUS LAWS— PENALTIES. 269 

cut or severed, and remaining upon such land, or wlio shall take 
or carry away, any mineral, earth or stone from such land, or 
who shall wilfully, maliciously or wantonly cut down, injure or 
destroy any tree or timber growing or standing upon and be- 
longing or mortgaged to or held in trust by any county in the 
state, or take and carry away any timber or wood so cut or 
severed, or previously cut or severed and remaining upon such 
land, or who shall so dig or carry away any mineral, earth or 
stone from such land, or mutilate, deface, injure or destroy any 
building or other structure belonging to the state or to any 
county, town, city, village, school district, or school board, 
board of trustees, corporation, company or association and used 
for religious, educational, penal, correctional, charitable or 
other public purposes, or any building or personal property 
whatever of any person or co-partnership, or who shall enter, 
without right, any agricultural or industrial fair grounds, in- 
closed by a fence not less than six feet high and injure or de- 
story any property therein, shall be punished by imprisonment 
in the county jail not more than six months or by fine not ex- 
ceeding one hundred dollars. 

Official malfeasance, what is. Section 4549. Any officer, 
agent or clerk of the state, or of any county, town, school dis- 
trict, school board, city or village therein, or in the employ- 
ment thereof, or any officer, regent, treasurer, secretary, super- 
intendent, clerk or agent, of any penal, correctional, educa- 
tional or charitable institution, instituted by or in pursuance 
of law, within this state, or any member of any body or board 
having charge or supervision of such institution who shall have, 
reserve or acquire any pecuniary interest, directly or indirectly, 
present or prospective, absolute or conditional, in any way or 
manner, in any purchase or sale of any personal or real prop- 
erty or thing in action, or in any contract, proposal or bid in 
relation to the same, or in relation to any public service, or 
in any tax sale, tax title, bill of sale, deed, mortgage, certifi- 
cate, account, order, warrant* or receipt made by, to or with 
him in his official, capacity or employment, or in any public 
or official service, or who shall make any contract or pledge, 
or contract any indebtedness or liability, or do any other act 
in his official capacity, or in any public or official service not 
authorized or required by law, or who shall make any false 
statement, certificate, report, return or entry in any book of 
accounts or of records in respect to anything done or required 
to be done by him officially, or in any public or official serv- 



270 SCHOOL LAWS OF WISCONSIN. 

ice, shall be punished by imprisonment in the county jail not 
more than one year or by fine not exceeding five hundred dol- 
lars. 

Discounting claims; neglect of duty. Section 4550. Any 
person mentioned in the next preceding section, who shall pay, 
redeem, discount or purchase, any debt, claim or demand in 
favor of any other person, against the state, or any county, 
town, school district, school board, city or village therein, or 
against any fund thereof below the true and full amount there- 
of, or who shall pay any such debt, claim or demand for any 
purpose out of any fund not provided for such purpose, of who 
shall wilfully violate any provision of law, authorizing or re- 
quiring anything to be done, or prohibiting anything from 
being done by him in his official capacity or employment, or 
who shall refuse or wilfully neglect to perform any duty in his 
office required by law, or shall be guilty of any wilful extor- 
tion, wrong or oppression therein shall be punished by imprison- 
ment in the county jail not more than one year or by fine not 
exceeding five hundred dollars. 

Refusal to deliver money, etc., to successor. Section 
4553. Any public officer whatever, in this state, who shall, at 
the expiration of his term of office, refuse or wilfully neglect to 
deliver, on demand, to his successor in office, after such suc- 
cessor shall have been duly qualified and be entitled to said 
office according to law, all moneys, records, books, papers or 
other property belonging to said office, and in his hands or un- 
der his control by virtue thereof, shall be punished by impris- 
onment in the county jail not more than six months or by fine 
not exceeding one hundred dollars. 

Disturbing schools. Section 4572. Any person who shall 
wilfully, maliciously or wantonly interrupt of in any way mo- 
lest or disturb any private or public school while in session shall 
be punished by imprisonment in the county jail not more than 
thirty days or by a fine not exceeding fifty dollars. 

Obscene books, literature, papers and pictures. Section 
4590 (as amended by Chap. 256, Laws of 1901, amending Chap. 
128, laws of 1899). Any person who shall, in a public place^ or 
on any fence or wall, or other surface, contignous to the public 
street or highway, or on the floor or ceiling, or on the inner or 
outer wall, closet, room, passage, hall, or any part of any hotel, 
inn, or tavern, court house, church, school, station house, depot 



MISCELLANEOUS LAWS— PENALTIES. 271 

for freight or passengers, capitol or other buildings devoted or 
open to other or like public uses, or on the walls of any outbuila- 
ings, or other structure pertaining thereto, make or cause to be 
made any obscene drawing or picture or obscene or indecent 
writing, or print, liable to be seen by others passing, or coming 
near the same, such person so offending, shall, in every such 
case, be guilty of a misdemeanor, and, on conviction thereof, 
shall be punished by imprisonment in the county jail not to ex- 
ceed one year, or by fine not exceeding five hundred dollars. 

Any person or persons who shall put up, in any public place, 
ajiy indecent, lewd or obscene picture or character, representing 
the human form in a nude or semi-nude condition, or shall ad- 
vertise by cir'culars or posters any indecent, lewd or immoral 
show, play or representation, shall be deemed guilty of a misde- 
meanor, and, on conviction thereof, shall be fined not less than 
twenty-five dollars, nor more than three hundred dollars; pro- 
vided, that nothing in this act shall be construed as to interfere 
with purely scientific works, written on the subject of sexual 
physiology or works of art. 

Any person who shall sell, lend, give away, or show, or shall 
have in his possession with intent to sell, give away, or show 
or shall advertise or othermse offer for loan, gift or distribu- 
tion, any book, pamphlet, magazine, newspaper, or other printed 
paper devoted principally to the publication of criminal news, 
police reports, or accounts of criminal deeds, or pictures and 
stories of deeds of bloodshed, lust or crime, shall be guilty of a 
misdemeanor, and upon conviction thereof, shall be sentenced 
to pay a fine of not less than fifty nor more than five hundred 
dollars. 

School ofRcers should take especial care to uiform pupils of the force 
and effect of this law. Much serious difficulty and expensive litigation 
may be easily avoided by so doing. 

For reference to other laws and sections imposing penalties, see 
index under head of "Fines and Forfeitures." 

Temporary lockups not to be built within 300 feet of a 
public, private or parochial school. (Chapter 372, Laws of 
1907, creating section 566m.) Section 566m. Hereafter no 
lock-up or temporary place of confinement for insane persons 
or persons arrested for breach of ordinance or statute shall 
be erected in any village, or city of the third or fourth class 
within three hundred feet of any public, private or parochial 



372 SCHOOL LAWS OF WISCONSIN. 

school building, or building used regularly or principally for 
school purposes. 

The purpose of this act is to prevent the demoralizing effects upon 
school children, of excitement caused by scenes attending the arrest 
and jailing of lawbreakers. 

Use of tobacco prohibited — Persons under 16 years. 

(Chapter 463, Laws of 1907, creating two new sections.) Sec- 
tion 4608v. Every person under the age of sixteen years who 
shall smoke or use cigarettes, cigars or tobacco on any pub- 
lic road, street, alley or park or other lands used for public 
purposes or in any public place of business or amusement, ex- 
cept when in the company of a parent or guardian, shall be 
punished by a fine of not more than ten dollars or by im- 
prisonment for not exceeding thirty days. 

Section 4608w. Any person who shall permit any person 
under the age of sixteen years who shall not be in the com- 
pany of a parent or guardian to use cigarettes, cigars or to- 
bacco in any form in or upon premises occupied by him, shall 
be punished for the first offense by a fine of not more than 
ten dollars and for any subsequent offense by a fine of not 
more than twenty-five dollars or by imprisonment for not ex- 
ceeding thirty days. 

This statute, while it has no direct reference to schools and educa- 
tional matters, relates so particularly to the conduct of boys, includ- 
ing in age as it does very nearly all who attend the grades and the 
high schools in the cities and practically all who attend the rural 
schools, appears to warrant a more general distribution than is likely 
to be secured through the ordinary channels. For this rea- 
son it is printed in this pamphlet at this time with the hope that the 
attention of school officers, teachers and parents may be called to the 
matter and they may thereby be relieved from danger of liability to 
any of the penalties provided. 

I MISCELLANEOUS LAW^S. 

Journal of education. Section 508. Each school district 
clerk and each town clerk or secretary of a town board of di- 
rectors may subscribe annually for one copy of the Wisconsin 
Journal of Education, to be paid for by the district or town, re- 
spectively, out of the school money. 

The subscription price of the Journal of Education is $1.25 a year, 
if paid in advance. Subscriptions, with remittances, should be ad- 
dressed to "Wisconsin Journal of Education, Madison, Wis." 

Dictionaries. Section 509. The state superintendent may 
furnish to any school district, or to any school or distinct de- 
partment thereof, one copy of Webster's International diction- 
ary on the receipt of an affidavit of the proper officer that such ■ 



MISCELLANEOUS LAWS. , 273 

school or department for wliicli application is made has not 
yet been supplied, or that the dictionary furnished thereto 
has been lost or is unfit for use, and on payment in advance 
of the cost price to said superintendent for any so to be re- 
placed; and the state superintendent may sell, at the cost price, 
to any of the charitable, educational, reformatory or penal in- 
stitutions of the state, on written requisition being made by 
the superintendent of the institution, as many copies of such 
dictionary, not exceeding the number of school or educational 
departments in the respective institutions, as may be necessary; 
he may also furnish each county superintendent, each teacher 
employed in the normal schools or university, each state officer 
and member of the legislature and their employees with one 
copy thereof at the cost price of the same to the state. The 
superintendent may purchase from time to time, at a cost not 
exceeding seven dollars per copy delivered at his office, a suffi- 
cient number of copies of such dictionary to furnish such 
schools, the expense thereof to be paid out of the state treasury. 

Every school district or department not already once supplied with 
a Dictionary free is entitled to one. If the district has a graded school 
it is entitled to one copy for each distinct department. Applications 
for dictionaries must be made by district clerks, city superintendents 
of schools, or by the secretary of the town board of directors. "Web- 
ster's International Dictionary is now furnished by the State at a 
cost of $7.00. The indexed edition only will be furnished hereafter 
for first supply or for re-supply. "When the application is for re-supply, 
the cost of the volume must accompany the application. Those who 
apply should be careful to. give the express office to which the volume 
must be sent. Printed forms of application for first supply, additional 
supply, or re-supply for common district schools, or graded schools, 
will be mailed by the State Superintendent to school officers upon re- 
quest. 

"When writing for application blanks, state the kind wanted. There 
is but one kind furnished in all cases where the application is for 
first supply, and where the application is for first supply, the writer 
should state whether or not the school is a school of but one de- 
partment, or a graded school, and whether or not such school is under 
the township system of school government, in order that the proper 
blanks may be sent. A suitable place to keep the dictionary should 
be provided by the board. Children should not be allowed to play 
with the dictionary. 

Part of library. Section 510. All such dictionaries hereto- 
fore or hereafter received by the several districts shall belong 
to the district library, but during the time a school is taught 
they shall be and' remain in the school rooms during the hours 
of school, for the exclusive use of the scholars and teachers, 
and under the control of the teachers or principals, who shall be 
responsible to the districts for their loss or for any unnecessary 
damage they may receive. 
18— S. L. 



374 SCHOOL LAWS OF WISCONSIN. 

Payment of money. Section 511. The state superinten- 
dent shall pay to the state treasurer all money received on ac- 
count of dictionaries sold as aforesaid^ and render an account 
of all dictionaries sold in his report to the governor. 

Residents, who are; county's liability. Section 512. 
Every person of lawful school age maintained as a public charge 
shall, for school purposes, be deemed a resident of the district in 
which he lives; for every person so maintained by the county 
the county board shall for each year allow to the district in 
which such person may attend school an amount for each per- 
son so attending equal to the amount expended in that year for 
each pupil in such district for school purposes; and in case 
such person be maintained by any town, such town board shall 
allow a like amount to such district. Such account shall be 
reckoned by the district officers without reference to the num- 
ber of pauper children attending such school. 

Women may be officers. Section 513. Every woman of 
twenty-one years of age and upwards may be elected or ap- 
pointed as director, treasurer or clerk of a school district, di- 
rector or secretary of a town board under the township system ; 
member of a board of education in cities, or county superin- 
tendent or town inspector of common schools. 

The last six words were added by the bill submitted by the commis- 
sioner appointed to revise the school code; the provision therein for 
inspectors of common schools was not enacted. The clause referred 
to was overlooked by the committee on revision or it would probably 
have been stricken out. There is no such ofBce as "town inspector of 
common schools." 

Arbor and labor day. Section 1375. The governor, by 
proclamation, may set apart one day each year to be designated 
as arbor and bird day, and may request its observance by ail 
schools, colleges and other institutions by the planting of trees, 
the adornment of school and public grounds, and by suitable ex- 
ercises having for their object the advancement of the study 
of arboriculture, the promotion of a spirit of protecton to birds 
and trees, and the cultivation of an appreciative sentiment con- 
cerning them. He may also set apart, in said manner, one day 
in each year to be observed as labor day. 

Physical education. Section 553a. Physical education may 
form a part of the regular school curriculum in all normal, 
high and city schools entirely or partly maintained by the state. 



MISCELLANEOUS LAWS. 27b 

In all normal scliools and normal departments of high schools 
the instruction of the pupils may be such as to enable them to 
become competent teachers of physical education in common 
or graded public schools. 

Investment of school funds. Section 5536. The board of 
education or school board of any city having the care or custody 
of school funds or management of the finances of the public 
schools therein may, by a vote of a majority of all of its mem- 
bers elect, in lieu of designating banking depositories or any 
other disposition provided for the care or keeping of such funds, 
invest the same or such portion thereof as it may deem ex- 
pedient in the registered bonds of the United States at their 
market value. Whenever such board shall decide to make any 
such investment the treasurer of such board shall be directed to 
purchase such bonds with such funds and register and keep the 
same under such regulations as such board may prescribe. 
Whenever such bonds have been purchased such board may 
direct its treasurer to sell the same or any part thereof for cash 
at their market value, from time to time for current expenses, 
as said board shall deem expedient. 

Commercial schools. (Chapter 124, Laws of 1905.) Sec- 
tion 1. The state superintendent of public instruction is au- 
thorized to fix and prescribe a course of study for commercial 
schools or colleges. To all schools accepting and adopting sucb 
standard and requirement for admission and graduation there- 
from, he shall grant a certificate of such fact and shall include 
in his biennial report a list of the schools so complying. 

Fire and tornado insurance companies. (Chapter 373, 
Laws of 1905.) Section 1. All boards of education and school 
districts in the state are hereby empowered to enter into, and 
organize mutual fire insurance companies for the insurance of 
public school buildings and their contents, against fire, lightning 
and tornado, in accordance with the provisions of this chapter. 
The terms school district, and district, as used in this act shall 
include all towns which have adopted or shall adopt the town- 
ship system of school government and all cities acting under 
general or special charters, and the term board shall include 
all boards of education, school district boards, boards of school 
directors, and other bodies having committed to them by law or 
by general or special charter, the management and control of 
public school buildings. 



276 . SCHOOL LAWS OF WISCONSIN. 

Section 2. Any number of such boards and districts, not 
less than twenty-five, may form themselves into a corporation 
for the purposes aforesaid, by complying with the following con- 
ditions, namely: The representatives of such boards and dis- 
tricts, being first duly authorized to do so by the boards and dis- 
tricts represented, shalJ. sign articles of organization which shall 
be substantially in the following form. The boards of educa- 
tion and school districts named below, by their duly authorized 
representatives, do hereby associate for the purpose of forming 
a mutual fire and tornado insurance corporation for the pur- 
pose of insuring public school buildings and their contents 
against loss and damage by fire, lightning and tornado, under 
the provisions of chapter 373 of the laws of 1905. 

The name of such corporation shall be 

The elective officers of the corporation shall be a president 
and a board of directors of four members, to be elected at the 
first meeting of the signers of the articles of association from 
their number; two of said directors shall hold their office until 
the first annual meeting, and two of the directors shall hold 
their office until the second annual meeting. The president 
shall hold his office until the first annual meeting of the corpora- 
tion, and shall thereafter be elected annually, and he shall be ex- 
officio president of the board of directors, and a member thereof. 
At each annual meeting two directors "shall be elected for two 
years in the place of those whose terms shall expire at the time 
of such meeting. The board of directors shall fix the time and 
place for holding^ the annual meeting, and shall elect the sec- 
retary and treasurer, and such other officers as shall be provided 
for in the by-laws of the corporation. 

In witness whereof we have hereunto affixed our names by 
our duly authorized representatives, and have caused them to 
authenticate the same by their signatures respectively. 

(Here insert names of boards and districts followed in each 
case by the signature of the selected representative.) 

Section 3. Whenever such articles have been subscribed as 
required above, they shall be filed with the commissioner of in- 
surance, with proof that not less than twenty-five applications 
for policies of insurance aggregating not less than two hundred 
fifty thousand dollars have been received, and if such articles 
shall be found to be in proper form, the commissioner shall is- 
sue a certificate to the effect that the association is organized 
and is authorized to do business. The first meeting of the 
signers must be held within sixty days after such certificate is 
issued, and may be held at any convenient place on a call signed 



MISCELLANEOUS LAWS. 277 

by not less than ten of such signers, on not less than ten days' 
notice by mail to the remaining signers. 

Section 4. The general management of the business of cor- 
porations so organized shall be vested in the board of directors 
which shall be chosen as provided in the articles of association, 
and shall have the powers therein enumerated and such other 
powers as shall be necessary to carry into effect the provisions of 
this act, and as shall be enumerated in the by-laws, and the said 
board shall keep a record of all its proceedings in a book kept 
for that purpose. 

Section 5. Such corporation before it shall issue any pol- 
icies, shall prepare and adopt by-laws and file the same with 
the commissioner of insurance as hereinafter provided, which 
shall prescribe the duties of its officers, the manner, time and 
place of electing them, the place and manner of transacting busi- 
ness, the time and manner of giving notice of loss and of adjust- 
ing and paying losses, and such other rules and regulations as 
may be deemed essential or convenient for the management of 
its affairs. Such by-laws may be adopted at the first meeting 
of the corporation or at an adjourned meeting, or may, if such 
meeting shall so determine, be framed and adopted by the board 
of directors, and such by-laws shall not be annulled, changed, 
suspended or repealed except in the manner therein set forth, 
and a copy thereof and of all amendments thereto and changes 
therein shall be filed by the secretary forthwith after its adop- 
tion with the commissioner of insurance. 

Section 6. Such corporation may issue policies, signed by 
its president and secretary, agreeing to pay to the board of edu- 
cation or school district insured, any loss which may be sus- 
tained by it by fire, lightning and tornado for a period of not 
. more than five years, not exceeding on any single risk two per 
cent of the amount of insurance in force or contracted for. 
Such policies shall contain such conditions as the by-laws shall 
prescribe, but such corporation shall not make or execute any 
policy until a blank form for the same shall have been sub- 
mitted to and approved by the commissioner of insurance; pro- 
vided that no such company shall be required to use the Wis- 
consin standard policy. The board of directors may classify 
property to be insured, according to the risk involved. 

Section 7. Each board of education and school district _to 
which any policy shall be issued, shall be a member of the cor- 
poration, and shall be entitled to one vote at all meetings of the 
corporation, for each one-thousand dollars or major fraction 
thereof of insurance held by it, and shall be represented at all 



278 SCHOOL LAWS OF WISCONSIN.. 

meetings of the corporation by a member of its board selected 
by it for that purpose. In case no such representatives shall be 
selected, then the clerk or secretary of such board of education 
or the clerk of the school district, shall act as such representa- 
tive, if he shall be a member of such board, and if such clerk 
or secretaiy shall not be a member of the board then the presi- 
dent of such board shall act as such representative. Such boards 
shall have the right to change their representatives at will, and 
in case of such a change shall notify the secretary of the corpor- 
ation, specifying the person, if any chosen. Any representative 
of any board or district to which a policy of insurance has been 
issued, or which has agreed to accept any such policy, shall be 
eligible to the office of president or director, but on ceasing to 
be such representative, shall cease to be eligible and shall be 
deemed to have vacated such office, but shall nevertheless con- 
tinue to act for ten days, or until his successor in such office 
shall be selected as provided in the by-laws. 

Section 8. Each board of education or school district to 
which any policy shall be issued, shall, at the time of making 
and issuing any such policy, give its undertaking in such form 
as the by-laws shall prescribe to pay its pro rata share of all 
losses or damages which shall be sustained by the said corpora- 
tion under any policy of insurance issued by it, and its neces- 
sary business expenses, together with all legal costs and charges 
which shall be incurred in case legal proceedings are com- 
menced against it on account of any such loss, at the time and 
in the manner provided in the by-laws. Each such undertak- 
ing shall be filed with the secretary of the corporation at the 
time the policy shall be issued and shall remain on file in his 
office. Each member at the time such insurance is effected 
shall pay such a percentage of the amount insured as the by- 
laws shall provide for the class of risk insured, and such a rea- 
sonable fee for the policy and survey of the premises and prop- 
erty insured as the by-laws shall determine . 

Section 9. Whenever the amount of any loss so ascer- 
tained and adjusted shall exceed the amount of cash in the treas- 
ury of the corporation, and its probable receipts for the three 
succeeding months, the president shall convene the board of 
directors and they shall make an assessment pro rata on the 
members of the corporation, according to the amount of in- 
surance held by them respectively and the rate at which the 
same shall be issued, which assessment shall be sufficient to 
pay the amount of such loss and of the expenses in connection 
therewith, and such a sum in addition thereto as the directors 



MISCELLANEOUS LAWS. - 279 

shall determine, but no such assessment shall exceed three per 
cent of the policies in force, and not more than five per cent of 
such policies shall be levied in assessments during any one year. 
The assessments thus levied shall be payable not less than 
ninety days nor more than six months after the same are levied, 
as the by-laws shall determine. Notice of the assessment shall 
be given in the manner provided in the by-laws, and the notices 
so given shall state the amount of the loss and the probable 
amount to be derived from such assessment, and such other mat- 
ters as the by-laws shall provide or the directors shall de- 
termine. If any member shall fail to pay its assessments in the 
manner provided in the by-laws, it shall be liable to the corpora- 
tion on its undertaking, for the amount of the assessment duly 
levied, and for interest thereon after due at the rate of one per 
cent for each month or part of a month which the same shall re- 
main unpaid after due, which may be recovered in any court 
of competent jurisdiction, with costs as in other cases. 

Section 10. The corporation may require such bonds from 
its officers and agents as the by-laws shall provide, and may pay 
such reasonable commissions as the by-laws shall prescribe, or 
the board of directors shall determine, in case the by-laws are 
silent. 

Section 11. Va,cancies in any office shall be filled by the 
board of directors at their first meeting after the secretary shall 
be notified of or shall ascertain such vacancy. In filling va- 
cancies in the board of directors, a majority of the remaining 
directors shall have power to act. 

Section 12. At any meeting of the members of the corpora- 
tion the representatives of members holding ten per cent of the 
outstanding policies of the corporation shall constitute a quo- 
rum, but a less number may adjourn from time to time. The 
general office of the corporation shall be in the town, city or 
village in. which the secretary shall reside, unless the directors 
shall otherwise determine. 

Section 13. Any member may withdraw from such cor- 
poration at any time by giving notice in writing to the secretary 
of such corporation, and paying all assessments which shall have 
been duly levied, but it shall, notwithstanding such notice of 
withdrawal, be liable for its share of all losses -sustained by the 
corporation previous to such withdrawal, and all expenses in 
connection therewith, whether such losses were ascertained and 
adjusted prior to the giving of such notice of withdrawal or not, 
but no member shall be liable on account of any assessment to 
pay losses incurred before it became a member. 



280 SCHOOL LAWS OF WISCONSIN. 

Section 14. The secretary of every such corporation shall 
annually prepare a statement of its condition on the 31st day ef 
December, preceding the annual meeting, which shall contain 
the number and amount of each policy outstanding and to whom 
issued, the aggregate of the insurance in force on each class of 
property insured, the amount of losses paid during the year 
and to whom, the total number and the amount of the losses 
paid since the organization of the corporation, the amount of 
losses sustained and unpaid, and such other matters as the by- 
laws shall require to be shown therein. The treasurer shall 
make a detailed statement of the moneys collected by him from 
the several assessments made, and from all other sources, and 
also state every item of disbursement, and shall show the condi- 
tion of the association on the date specified. The reports of 
both the secretary and the treasurer shall be presented to the an- 
nual meeting, and copies shall be filed with the commissioner of 
insurance not later than the 31st day of January after the date 
on which they are made. 

Section 15. All boards of education, school district boards, 
boards of school directors, and other bodies having the control 
and management of public school buildings, in addition to the 
powers already conferred on them by law, or by the general or 
special charter under which they are organized, are authorized 
and empowered to become members of any corporation created 
under this act. 

Non-resident children permitted by law to attend school 
in an adjoining district in certain cases. (Chap. 183, Laws 
1909.) Section 435m. 1. In all cases where there are children 
of school age in a home located more than two miles from the 
school house in the home district and transportation is not pro- 
vided, the distance to be measured by the nearest traveled high- 
way and there is another school in an adjoining district located 
at a distance of one-half mile or more nearer to such home, the 
children of school age shall be privileged to attend the nearer 
school, provided that the facilities will permit and such attend- 
ance shall not cause the enrollment in the nearer school to ex- 
ceed sixty-five during any one term. 

2. The board -of the district in which such family resides is 
duly authorized by this act and shall .pay to the treasurer of 
the district in which the nearer school is located as compensa- 
tion for the attendance of such children the amount of school 
money derived from the per capita apportionment made by the 
state superintendent from the school fund income and also the 
amount derived from the tax levy upon the town under the 



MISCELLANEOUS LAWS. 281 

provisions of section 1074 of the statutes whicli would other- 
wise remain in the treasury of the home district, provided that 
the children between seven and fourteen years of age attending 
the school outside the home district shall comply with the re- 
quirements of the compulsory attendance lawj and all other 
children from like homes and attending under like conditions 
shall be in attendance for a period of not less than four months. 
3. Failure to comply with these provisions regarding periods 
of attendance shall relieve the treasury of the district in which 
such children reside from liability for the tuition and shall place 
the obligation for tuition upon the parents or guardians of the 
children so attending. 

Powers of boards; application of chapter to cities and 
villages. Section 515. Every such board or other body afore- 
said shall have all the powers and be charged with all the duties 
imposed by these statutes on school district boards so far as the 
same are not provided for or limited by the special provisions 
of the act of incorporation or other act under which such board 
or body is constituted. Every city or village not having a sys- 
tem of school government specially provided by law therefor 
shall be governed by the provisions of this chapter. (Chapt. 
27, W. S.) 

Railroad maps. Section 1795a. There shall be published 
biennially under the supervision of the railroad commissioner, 
twenty-five thousand copies of the railroad map of Wisconsin, 
of which eight thousand copies shall be mounted on muslin and 
provided with rollers to be distributed by the state superintend- 
ent among the schools; twelve thousand three hundred and 
thirty shall be likewise mounted on muslin and provided with 
rollers, to be apportioned and delivered to the members of the 
legislature; four thousand six hundred and seventy, of which 
three thousand shall be unmounted and one thousand six hun- 
dred and seventy likewise mounted on muslin and provided 
with rollers, to be distributed by the railroad commissioner. 

State public school; admission of deformed and crippled 
children. (Chap. 109, Laws of 1901.) Section 1. In addition 
to the classes of children now received at the state public school 
for neglected or dependent children, pursuant to existing laws 
there shall also be received as pupils in the said school, any such 
children under fourteen years of age, residents of this state, 
who are of sound mind but who are crippled or deformed in 
body, provided their bodily ailments are such as admit of proper 
care and treatment at the school with the facilities which are, 
or may hereafter be provided therefor, subject only to the lim- 
itations contained in the next section. 



282 SCHOOL LAWS OF WISCONSIN. 

Reports of academies. Section 411. It shall be the duty 
of the president of the board of trustees of every organized 
academy, seminary and literary or collegiate institution hereto- 
fore incorporated or that shall be hereafter incorporated, to 
cause to be made out by the principal instructor or other proper 
officer, and forwared to the state superintendent on or before 
the tenth day of October in each even-numbered year, a report 
for the term terminating with the thirty-first day of August of 
the second preceding year, setting forth the amount and esti- 
mated value of real estate owned by the corporation; the 
amount of othei? funds and endowment and the biennial income 
from all sources; the number of instructors and their respective 
salaries; the number of students in the different classes and the 
rates of tuition; the studies pursued and the books used; the 
course of instruction and such matters as shall be specially re- 
quested by said superintendent, or as shall be deemed proper 
by the president or principal of such academies or institutions 
to enable the state superintendent to lay before the legislature 
in his report a fair and full statement of the affairs and condi- 
tion of such institutions. 

Universities and colleges — Powers of trustees. (Chap- 
ter 68, Laws of 1907.) Section 1784m. Any university or col- 
lege, whether organized under this chapter, or otherwise, may 
receive in connection with it any other university or college 
upon resolution of the board of trustees of the said institutions 
and such university or college so received shall become a branch 
of the university or college so receiving it and ghall be subject 
to such rules, regulations, agreements and liabilities as may be 
agreed by the respective trustees of said college. Any such 
university or college so receiving any other university or col- 
lege may grant such diplomas and confer such degrees as shall 
be appropriate to courses of instruction prescribed and pur- 
sued in such received^ university or college, and any such uni- 
versity or college so received may upon such terms as shall be 
agreed to by its stockholders and trustees sell or give an option 
of purchase of all its property, business and effects to such re- 
ceiving college or university. 

Inspection of cadets. Section 411a. The president or 
other principal officer of any incorporated college or school of 
this state which shall be under military discipline or maintain a 
regular military department, and have enrolled, uniformed and 
armed not less than one hundred cadets, may apply in writing 



MISCELLANEOUS LAWS. 283 

to the governor to have the corps of cadets of such college or 
school inspected by the adjutant-general or other officer ap- 
pointed by the governor for that purpose. Such inspection 
shall be made during April, May or June of each year, upon fif- 
teen days' notice by mail to such applicant by the inspecting of- 
ficer, and shall be held in the manner and form prescribed for 
troops in the service of the United States. 

Officer's report. Section 4116. The inspecting officer shall 
report to the governor: 

1. The number of officers, non-commissioned officers and pri- 
vates paraded and inspected by him in uniform. 

2. What such uniform is and the condition thereof. 

3. The discipline and state of instruction. 

4. The number and amounts of arms, accoutrements, stores 
and military property exhibited to him. 

5.' The true condition of the same. 

6, If a cavalry company or battery of artillery be main- 
tained, what number of horses were exhibited and their condi- 
tion. 

7., Whether such corps has complied with these provisions 
and the orders and regulations of the governor. 

8. Such other matters as may be required. 

The inspecting officer shall receive no pay for services, but 
may be allowed ten cents per mile, to be paid by each of the 
schools so inspected. 

Suspension from inspection. Section 411c. If such in- 
specting officer shall report that such corps numbers less than 
one hundred enrolled, uniformed and armed, or that its condi- 
tion and military proficiency are not such as, in his judgment, 
to entitle it to the benefits of section 411d, the governor may 
notify the president or other principal officer of such coUege or 
school that it is suspended from the benefits hereby given, and 
in such case no application for an inspecton as herein provided 
shall be granted for a period of two years. 

Graduates; rank of. Section 4:lld. In all cases where a 
satisfactory report is made by such inspecting officer the stu- 
dents of such college or school, residents of this state, graduating 
during the year v/ithin which such report is made and receiving 
full diploma or certificate from such' college or school, shall be 
entitled to the honorary rank of second lieutenant in the un- 
organized militia of the state; provided, that nothing herein 



234 . SCHOOL LAWS OF WISCONSIN. 

shall be construed to give such graduates any right to wear 
the uniform of the Wisconsin National Guard. 

School Building's — Plans and specifications for. (Chap- 
ter 425, Laws of 1907, creating section 524i.) Section 524i. 1. 
It shall be the duty of the state superintendent of public in- 
struction to procure architects' plans and specifications for 
not to exceed four room school buildings, and full detail work- 
ing plans therefor. Said plans and specifications shall be 
loaned to any district desiring to erect a new school building. 

2. Where the plans and specifications prepared by the state 
superintendent are not used, in order that the health, sight an'S 
comfort of pupib may be properly protected, all school boards 
of districts in which new school houses of not to exceed four 
rooms are to be erected shall make suitable provision for the 
heating, lighting and ventilating, and hygienic conditions of such 
buildings, and all plans and specifications for any such 
proposed school building shall be submitted to and approved 
by the county superintendent of schools in whose jurisdiction 
the district is located, before the same shall be accepted by the 
school district board of the district in which it is proposed to 
erect such building. 

3. Five hundred dollars is appropriated from the general 
fund, for the use of the state superintendent in procuring the 
plans and specifications provided in section one of this act. 

Free public lectures. Section 1. (Chapter 336, Laws of 
1901, as amended by Chapter 125, Laws of 1905.) The board 
of school directors or the board of education of any city is here- 
by authorized and empowered to provide for the employment of 
competent persons to deliver evening lectures on the natural 
sciences, on historical, literary, or other educational subjects, 
in the public school buildings, in public library buildings, or in 
other suitable places of said city.- 

Section 2. The said board of education shall have power 
to purchase the books, stationery, charts and other things neces- 
sary and expedient to successfully conduct said lectures which 
it shall have power to direct. 

Section 3. No admission fee shall be charged and at least 
one school building or public library building shall be desig- 
nated by said board of education for the purpose of carrying 
out the provisions of this act ; and said lectures shall be deliv- 
ered in such school or library building between the first day of 
October and the 31st day of March in each year, which lectures 



MISCELLANEOUS LAWS. 28b 

shall be advertised in a newspaper published in said city at 
least one week in advance of the delivery thereof. 

Section 4. The board of education is hereby authorized, 
previous to the first day of September in each year, to meet and 
provide the necessary appropriation for the purpose of carrying 
out the provisions of this act. 

Condemnation of school buidings. Section 524m — 1. 
(Chapter 550, laws of 1909.) The inspector of rural schools, 
the inspectors of state graded schools, and the inspector of high 
schools of the state, in addition to their other duties are hereby 
made inspectors of public school buildings. Said inspectors 
shall act under the direction of the state superintendent, and 
under- such regulations as may be established by him. 

Section 524m — 2. Whenever any county or district 
superintendent, city superintendent, member of a school board 
or board of education, or any voter of a school district, or a 
member of a board of health, shall make a complaint in writ- 
ing to the state superintendent that any building used for or 
in connection with any public school in his county, district, city, 
village, or town, as the case may be, is in an unsanitary condi- 
tion, or that the conditions are such as to endanger the life and 
health of the children attending school, or that the school-house 
is unfit for school purposes one of said inspectors designated by 
the state superintendent shall personally investigate and ex- 
amine the premises and buildings concerning which said com-' 
plaint is made. 

Section ^24m — 3. Upon such investigation and examina- 
tion, said inspector shall, if conditions warrant it, make an 
order directing the school board, the board of education, the 
town board of school directors, or other officer or officers hav- 
ing control of the school district or school corporation, to re- 
pair and improve such building or buildings as may be neces- 
sary, and to place said buildings in a safe and sanitary condi- 
tion; or if the said inspector shall deem the schoolhouse unfit 
for school purposes and not worth repairing he shall state said 
fact- and recite the reason therefor. 

Section 524m— 4. The said inspector shall file said order 
in the state superintendent's office, and cause true copies there- 
of to be delivered, by mail or otherwise, to the clerk of the dis- 
trict board, the secretary of the town board of school directors, 
the clerk of the board of education of the district or school 
corporation where such schoolhouse and premises are located, 
and shall deliver as provided herein copies of said order to the 



286 SCHOOL LAWS OF WISCONSIN. 

proper county, district or city superintendent, and also the 
clerk of the town, city, or village in which the sehOolhouse is 
located. 

Section 524m — 5. The said order shall state the time in 
which it shall be complied with, and shall take effect from its 
date, and shall continue in force and full effect until reversed, 
The decision of the inspector may be appealed from to the 
state superintendent in the time and manner now provided for 
taking appeals to said superintendent, and the decision appealed 
from shall be stayed pending such appeal. 

Section 524m — 6. Whenever any school district, school cor- 
poration, school board, board of education, or town board of 
school directors shall refuse to comply with the order of said 
inspector within the time therein specified, such school district 
or school corporation shall forfeit absolutely its apportionment 
of the fund derived from the seven-tenths mill tax, provided 
for in section 1072a of the' statutes, and amendments thereto, 
and shall continue to so forfeit its regular apportionment of 
such fund until there is full compliance with the requirements 
of said order. 

Section 524m — 7. Nothing in this act shall be deemed to in- 
terfere with the operation of the provisions of subsection 3 of 
section 461 of the statutes, relating to the duties of county su- 
perintendents of schools, or with the provisions of section 1418b 
of the statutes, relating to the inspection and regulation of the 
sanitary conditions of schoolhouses by boards of health. 

Small-pox — Control of in school districts.^ (Chapter 
113, Laws of 1907, creating three new sections.) Section 1413 1. 
To prevent the spread of small-pox the local board of health 
of any city, incorporated village or town when the disease is 
present in any school district or part thereof, which is included 
in such city, incorporated village or town, shall prohibit the 
attendance at school in any such district or part thereof for 
a period of twenty-five days, after the appearance of small-pox, 
of any and all pupils and teachers, who have not been success- 
fully vaccinated or who fail to show a certificate of recent vac- 
cination. 

Section 1413m. Should new cases of small-pox continue to 
develop in such school district or part thereof, after the ex- 
piration of twenty-five days, the local board of health shall, 
upon the advice and consent of the state board of health, re- 
new such order for another period of twenty-five days, or so 
many days thereof as the state board of health may deem neces- 
sary, in order to control the epidemic, 



MISCELLANEOUS LAWS. 287 

Section 1413n. If the parents or ^ardian of any child or 
children are nnable to pay for such vaccination the expense 
thereof shall, npon the recommendation of the local board of 
health, be paid for by the city, village or town in which such 
expense is necessarily incurred. The local board may provide 
for the free vaccination of all children in any school district 
or part thereof during an epidemic of small-pox whenever in 
its judgment such action is required. The necessary expense 
thereof to be paid by the city, incorporated village or town upon 
the order of the local board of health. 

This is another chapter that, while it does not apply directly to the 
educational interests, will nevertheless be of large interest to the 
general public. For this reason it is given a place in this compilation, 

Text-books — County uniformity of. (Chapter 561, Laws 
of 1907, creating twenty-five new sections.) Section 553m — 1. 
Whenever at any annual 'county school board convention pro- 
vided for in chapter 105, laws of 1905, the question of adopt- 
ing county or district uniform school text books shall be voted 
upon, the vote shall be taken by school districts and each 
school district shall be entitled to one vote. If a majority 
of all the districts in the county or superintendent district is 
in favor of adopting county or district uniform school text 
books, it shall be the duty of said school board convention to 
immediately proceed to the election of a county board of ed- 
ucation for such county or superintendent district, which 
board shall be composed of five persons, except as hereinafter 
provided. And said school , board convention shall, at a 
regular annual meeting, every four years thereafter elect five 
persons who shall constitute said county board of education. 
School officers residing in school districts not affected by the 
provisions of this act shall not be entitled to vote on the ques- 
tion of uniformity of text books nor be entitled to participate 
in the election of the members of the county board of edu- 
cation. 

Section 553m — 2. Whenever it shall be impracticable in 
any county to elect said board because of a limited number of 
persons in such county, possessing the qualifications in this act 
provided, the county school board convention shall elect three 
persons who shall constitute said board of education. 

Section 553m— 3. The members of the county board of edu- 
cation so elected shall hold their offices for four years and until 
their successors are elected and qualified. 



288 SCHOOL LAWS OF WISCONSIN. 

Section 553m — 4. The county school board convention 
shall fill all vacancies occurring in said board of education, ex- 
cepting vacancies occurring between the annual meetings of 
said school board convention which shall be temporarily filled 
by said county board of education. 

Section 553m — 5. 1. No person shall be appointed to said 
county board of education who is not a legally qualified teacher 
and has not had at least five years' experience in teaching or 
in the supervision of public schools. 

2. Nor shall any person be appointed to serve upon said 
board who is a dealer in text books or is an agent of, or di- 
rectly or indirectly interested in, any person,, firm or cor- 
poration engaged in the publishing or furnishing of school 
text books, or who shall be directly or indirectly interested in 
any book or series of books as the author, associate author or 
in any manner whatsoever; and if any person shall become so 
interested during his term of office as m.ember of said board of 
education, his office shall, ipso facto, become vacant, and be 
filled as provided for other vacancies. 

3. Any such person who shall violate any of the provisions 
of this section while holding the office of member of said 
county board of education shall be deemed guilty of a mis- 
demeanor and upon conviction thereof be fined not less than 
one hundred dollars, nor more than five hundred dollars, or 
by imprisonment in the county jail of said county not less 
than sixty days nor more than one year, or by both such fine 
and imprisonment. 

Section 553m — -6. Each member of said county board of 
education shall,, before entering upon the duties of his office, 
take and subscribe to the constitutional oath of office to faith- 
fully, impartially and honestly perform and discharge the 
duties of his office; and shall in addition thereto swear that he 
is not directly or indirectly interested in or related to any 
publishing house, person, firm or corporation, engaged in pub- 
lishing or furnishing school text books, or any of their agents, 
and that he is not interested directly or indirectly in any 
book or series of books as the author, associate author, or other- 
wise ; which oath shall be filed with the county clerk of each 
county. 

Section 553m — 7. The members of said board of educa- 
tion shall within ten days after their appointment meet at the 



MISCELLANEOUS LAWS. 289 

county seat and organize by electing one of their number pres- 
ident, and one secretary, and a majority of the board shall 
constitute a quorum for the transaction of business, except 
that in the selection or adoption of text books it shall require 
a majority vote of all the members of the board to adopt or 
change any text book. 

Section 553m — 8. The president and secretary so elected 
shall act as president and secretary at the meetings of the 
said board, and said board shall adopt such rules and regula- 
tions as may be necessary to the transaction of its business, not 
contrary to the provisions of this act. 

Section 553m — 9. It shall be the duty of the president and 
secretary and they are hereby authorized, to sign all contracts 
on behalf of said board, and it shall be the duty of the sec- 
retary to keep a full and complete record of all proceedings of 
said board of education in a book kept for that purpose, 
which book shall be deemed a public record and be kept in 
the office of the county superintendent of schools. 

Section 553m — 10. Said county board of education shall 
hold an annual meeting at the county seat on the first Sat- 
urday in May, for the purpose of organization and the trans- 
acting of any business that may lawfully come before it, and 
they shall meet at such other times as may be deemed neces- 
sary by the majority of the board, and it shall be the duty of 
the president of said board to call a meeting at any time, upon 
the written request of three members or a majority of the 
board. 

Section 553m — 11. Every county board of education shall 
between the first day of January and the first day of July, 
next following the date of their appointment, and every fourth 
year after the first adoption of text books, meet at the county 
seat and select and adopt a uniform series of text books for 
their respective counties. 

Section 553m — 12. The books so selected shall be used in 
all school districts of the county except, in districts and cities 
maintaining a free high school and in state graded schools of 
the first class, and shall inchide all branches provided by law 
to be taught in the district schools of "Wisconsin; and none of 
said text books shall contain matter of a partisan or sectarian 
character. 

Section 553m — 13. Text books so selected and adopted by 
county boards of education for use in the schools of any county 
19— S. L. 



290 SCHOOL LAWS OF WISCONSIN. 

shall be introdueed the foUoAving September and used by each 
and every district in the county, coming within the provisions 
of this act, and shall remain in use until the same shall be 
displaced or replaced by said county board of education ; but 
no book selected, adopted and introduced into said schools shall 
in any manner be changed within five years from the da+e of 
adoption. 

Section 553m — 14. In school districts that are now fur- 
nishing free text books it shall be optional with the board of 
any such district as to whether or not a change of the text 
books now in use shall be made; but whenever a change is 
made in such text books or new text books shall be introduced, 
only such text books shall be selected as are prescribed and 
adopted under the provisions of this act. 

Section 553m — 15. Nothing in this act shall prevent state 
graded schools when they may deem- it advisable, by a unani- 
mous vote of the school board of any graded school from 
adopting in lieu of the uniform series of text books provided 
for by the county board of education, the uniform series of 
books regularly adopted for use in the grades of the nearest 
city school system. 

Seiotion 553m — 16. The text books selected and adopted by 
said board of education shall be selected after a careful ex- 
amination and consideration of all lists or sets of books, pre- 
sented, and shall be the best books in the opinion of the board, 
taking into consideration quality of material used, illustrations, 
"binding, price, and all other things that go to make up a desir- 
able text book; merit, however, shall be the main point to be 
considered in their selection. A majority vote of all the mem- 
bers of said board of education shall be required to adopt, 
change or re-adopt any and all text books. 

Section 553m— 17. Nothing contained in this act shall be so 
construed as to prevent school districts coming within the pro- 
visions of this act, or the county board of education, from select- 
ing, introducing and using additional and supplementary books 
at any time when they ^ deem it necessary in order to establish 
and maintan the highest standard of excellence in their schools. 

Section 553m — 18. Such supplementary books shall not be 
used to the exclusion of the books prescribed and adopted un- 
der the provisions of this act and full use shall be made in good 
faith of the books adopted under this act. 



MISCELLANEOUS LAWS. ' 291 

Section 553m — 19. Eaeh and every county board of edu- 
cation shall at least thirty days before meeting to adopt text 
books send notice to text book publishers and advertise in a 
newspaper of general circulation of the county a notice to 
the effect that said board will on a day named therein, meet 
at the county seat and select and adopt a uniform series of 
text books for the use of all the public district schools of said 
county, except in districts and cities maintaining a free high 
school and state graded schools of the first class, and shall in- 
vite proposals for the furnishing of such books, giving a list 
of text books to be selected, the publishers to state an exchange 
price, wholesale price and retail price to pupils or school dis- 
tricts during the period of their use in said county and such 
further information as said board of education may require. 
Said notice shall also state the time when proposals and samples 
of books must be submitted to them, and such further facts as 
the said board may deem necessary. 

Section 553m — 20. 1. Any person, firm or corporation de- 
siring to furnish books under the provisions of this act in any 
county shall, at or before the time for filing his bid or propo- 
sition hereunder, deposit in the office of the county superin- 
tendent of schools samples of all text books included in his 
bid, together with lists giving the lowest exchange price, whole- 
sale price and retail price to pupils or school districts for the 
same. 

2. Said samples and lists shall remain in the said superin- 
tendent's office, and shall be delivered by him to his successor 
in office, and shall be kept by him in such safe and convenient 
manner as to be open at all times to the inspection of such 
school officers, school patrons and school teachers "as may de- 
sire to examine the same and compare them with others for 
the purpose of use in the public schools. 

Section 553m — 21. Said board of education shall require 
any person or persons, firm or corporation with whom they 
contract for furnishing any books to give a good and sufficient 
bond, in such sum and with such conditions and sureties as 
may be necessary and reasonable, for the faithful performance 
of any such contract. Bonds of surety companies, duly author- 
ized under the laws of Wisconsin, shall be accepted. 

Section 553m — 22. 1. Said board of education shall ar- 
range for such depositories as it may deem necessary for the 



292 SCHOOL LAWS OF WISCONSIN. 

purpose of furnishing to school boards or local dealers the 
books adopted and to be used, 

2. Such depositories shall furnish a good and sufficient bond 
to protect publishers against any possible loss that may be 
sustained. ' Depositories shall receive books displaced by the 
uniform adoption and return same to publishers at agreed al- 
lowance. Depositories shall accept books on uniform list at 
reasonable price from people who are moving out of the county ; 
such books to be resold to pupils in the county at a slight ad- 
vance on* cost. 

Section 553m — 23. In all joint school districts coming with- 
in the meaning of this act, situated in more than one county 
in the state, such joint school district shall, for the purpose of 
this act, be held and deemed to be a school district within the 
one of said counties where the school house is located, and 
for all purposes of this act it shall be under the control and 
jurisdiction of the county board of education of such county 
in which the school house is located. 

Section 558m — ^24. It is expressly provided that this act 
shall not apply to districts and cities maintaining a free high 
school, or state graded schools of the first class, or to districts 
maintaining independent high schools, nor to private or paro- 
chial schools; but nothing in this act shall be construed to pre- 
vent any of such schools from adopting and buying the books 
adopted by the .county board of education at the prices and 
terms fixed by them if they shall elect to do so. 

Section 553m — 25. The members of the said county board 
of education shall be reimbursed their actual and necessary 
expenses in the performance of their duties; the same to be 
paid out of the funds of the county not otherwise appropriated. 

This law is nevv to Wisconsin. A county uniformity text-book law 
has however been in existence in some other states for several years. 
This is another of the late statutes that demands a thorough study on 
the part of school officers. The question of whether or not a county 
shall adopt a uniform system of text-hooks for certain schools must 
be decided by the school district boards assembled at the regular 
county school board convention, each district, (not each district of- 
ficer), having one vote. The vote must be taken by ballot. The bal- 
lot should have written or printed thereon "For County Uniformity 
of Text-books", "Against County Uniformity of Text-books." If a ma- 
jority of the districts in the county or superintendent district vote 
in favor of county uniformity of text-books, the members must im- 
mediately proceed to the election of a county board of education, to 
be composed of five persons, unless there should not be five properly 
qualified persons in the county. The board may then be compose(J of 



MISCELLANEOUS LAWS. 293 

three persons. Bach of the members of the board of education must 
have had at least live years of experience in teaching or in the super- 
vision of public schools. (Eight months of teaching may for the pres- 
ent be construed as equivalent to one year's teaching.) The term of 
office of the members of the board of education is five years. Vacan- 
cies are to be filled regularly by the school board conventions and may 
be filled temporarily by the county board of education. It is the duty 
of the county board of education to select the text-books for use in 
the schools. All cities and districts maintaining a free high school 
and all state graded schools of the first class are exempt from the 
operation of this statute. It applies however to the one-room common 
schools and to the state graded schools of the second class. Dis- 
tricts in which the free text-book system has been adopted are not 
required to adopt the text-books adopted by the board of education 
until some change is made in the text-books adopted for use in thai 
particular district. Whenever any text-book furnished free is 
changed, however, a corresponding book of the uniform series must 
take its place. The state graded schools of the first class and the 
grades below the high schools are privileged to adopt the uniform 
series provided by the board of education and are also to secure the 
books for the same rates that are paid by the one-department schools. 
When text-books fro once introduced they must not be changed with- 
in five years from the date of the adoption. Additional and supplemen- 
tary text-Dooks may be selected by the district boards of the different 
districts, but the supplementary books must not be used to the exclu- 
sion of the bookfj adopted by the board of education. Suitable and 
convenient depositories are to be provided for the purpose of furnish-, 
ing the books. The persons having charge of the sale of uniform 
adopted text-books are to be governed strictly by the provisions of 
the act. It must be remembered the only schools coming within the 
scope of this law are the one-department country schools, and the two- 
department state graded schools. It does not apply to any work 
above the eighth grade. While the school board conventions may be 
called upon to voce upon this question at the meetings held this win- 
ter, the system can not take effect until the beginning of the next 
school year, July 1, 1908. Do not fail to read and to study this chap- 
ter in all its particulars. The subject is an important one and one 
that must be acted upon intelligently and with as large a knowledge 
of the conditions existing in the county interested as can possibly be 
obtained. 



294 SCHOOL LAWS OF WISCONSIN. 



XXIX.— CONSTITUTIONAL PEOVISIONS. 



(Article 10.) 



Superintendent of instruction, how chosen, powers and 
compensation. (Chapter 258, Laws of 1901.) Section 1. The 
supervision of public instruction shall be vested in a state 
superintendent and such other officers as the legislature shall 
direct; and their qualifications; powers, duties and compensa- 
lion shall be prescribed by law. The state superintendent shall 
be chosen by the qualified electors of the state at the same time 
and in the same manner as members of the supreme court, and 
shall hold his office for four years from the succeeding first Monday 
in July. The state superintendent chosen at the general elec- 
tion in November, 1902, shall hold and continue in his office 
until the first Monday in July, 1905, and his successor shall be 
chosen at the time of the judicial election in April, 1905. The 
term of office, time and manner of electing or appointing all 
other officers of supervision of public instruction shall be fixed 
by law. 

School fund, what is; interest of, how applied. Sec- 
tion 2. The proceeds of all lands that have been or hereafter 
may be granted by the United States to this state for educa- 
tional purposes (except the lands heretofore granted for the 
purposes of a university), and all moneys, and the clear pro- 
ceeds of all property that may accrue to the state by forfeiture 
cr escheat, and all moneys which may be paid as an equivalent 
for exemption from military duty; and the clear proceeds of 
all fines collected, in the several counties, for any breach of the 
penal laws, and all moneys arising from any grant to the state 
\\here the purposes of such grant are not specified, and the five 
hundred thousand acres of land, to which the state is entitled 
by the provisions of an act of congress, entitled, "An act to 



CONSTITUTIONAL PROVISIONS. 295 

appropriate the proceeds of the sales of the public lands, and to 
grant pre-emption rights," approved the fourth day of Septem- 
ber, one thousand eight hundred and forty-one; and also the 
five per centum of the net proceeds of the public lands to which 
the. state shall become entitled on her admission into the Union 
(if Congress shall consent to such appropriation of the two 
grants last mentioned) shall be set apart as a separate fund, to 
be called the ' ' school fund, ' ' the interest of which, and all other 
revenues derived from the school lands, shall be exclusively ap- 
plied to the following objects, to-wit: 

1. To the support and maintenance of common schools, in 
each school district, and the purchase of suitable libraries and 
apparatus therefor. 

2. The residue shall be appropriated to the support and 
maintenance of academies and normal schools, and suitable 
libraries and apparatus therefor. 

District schools; tuition; sectarian instruction. Sec- 
tion 3. The legislature shall provide by law for the establish- 
ment of district schools, which shall be as nearly uniform as 
practicable; and such schools shall be free and without charge 
for tuition, to all children between the ages of four and 
twenty years; and no sectarian instruction shall be allowed 
therein. , 

Annual school tax. Section 4. Each town and city shall 
be required to raise, by tax, annually, for the support of com- 
m.on schools therein, a sum not less than one-half the amount re- 
ceived by such town or city respectively for school purposes 
from the income of the school fund. 

Income of school fund, how distributed. Section 5. 
Provision shall be made by law, for the distribution of the in- 
come of the school fund among the several towns and cities of 
the state, for the support of common schools therein, in some 
just proportion to the number of children and youth resident 
therein, between the ages of four and twenty years, and no ap- 
propriation shall be made from the school fund to any city, or 
town, for the year in which said city or town shall fail to raise 
such tax; nor to any school district for the year in which a 
school shall not be maintained at least three months. 



296 SICHOOL LAWS OF WISCONSIN. 



XXX.— OF THE DISTEIBUTION OF THE 
SCHOOL FUND INCOME. 



(Chapter 28, Wiseonsin Statutes.) 

Apportionment of. Section 554 (as amended by Chap. 
115, Laws of 1899, and as amended and numbered by Chap. 313, 
Laws of 1903). The school fund income shall be apportioned 
by the state superintendent between the tenth and fifteenth 
days of December in each year. The amount to be so appor- 
tioned shall include all moneys belonging to said fund received 
prior to the first day of December in the same year, together 
with the amount thereafter to accrue to such income from the 
state tax levy made in the same year, and the two hundred 
thousand dollars to be appropriated from license fees and taxes 
paid by corporations in February following, under the pro- 
visions of section 1072a, and after December, 1903, shall in- 
clude also the interest receipts thereafter to accrue to said 
fund from the state tax levy of the same year or to be collected 
therewith as special charges. Such apportionment shall be 
made among the several counties, towns, villages and cities ac- 
cording to the number of children in each over the age of four 
and, under the age of twenty years, as shown by the reports 
made to the State Superintendent for the year preceding, end- 
ing June 30. 

Loss of right. Section 554a (as renumbered by chapter 
313, Laws of 1903). Whenever any town, village or city shall 
fail in any year to raise by tax, for the support of common 
schools therein, a sum equal to the amount of its share of such 
school fund and other income as determined by the county 
board in pursuance of section 1074, the amount of the appor- 
tionment to such town, village or city for that year shall be 



DISTRIBUTION OP THE SCHOOL FUND INCOME. 297 

withheld from the next succeeding apportionment, unless the 
town or village board or common council shall have transferred 
as they are hereby authorized to do, from the general fund to 
the school fund of the town or village or to the board of educa- 
tion of the city for such purpose, the amount of deficit in such 
school tax, and the town, village or city clerk shall have filed 
with the state superintendent his certificate showing such trans- 
fer, and. in the case of the town clerk, his apportionment thereof 
to the proper school districts before the tenth day of December. 
No apportionment shall be made to any city, village or, town 
for any school district therein for any year during which such 
district shall not have maintained a common school taught by 
a qualifi('d teacher for seven [eight] months, unless the state 
superintendent shall be satisfied that such school was so taught 
for three months, and the failure to maintain it for the full 
seven [eight] months was occasioned by some extraordinary 
cause and not arising from neglect or intent, nor to any town, 
village or city, nor for any school district, reports of which as 
required by law shall not have been made and transmitted dur- 
ing the preceding year to the state superintendent; nor to any 
city for aiiy year the report for which shall not show that the 
number of children between the ages aforesaid residing therein 
lias been ascertained by an actual census taken under the direc- 
tion of the board of education or other body having the govern- 
ment of common schools therein, by their clerks or persons of 
their appointment for that purpose ; provided, that provision by 
a school district for the instruction and transportation of its pu- 
pils in accordance with subdivision 15 of section 430 shall en- 
title the district to share in the apportionment as though such 
district had maintained a school. 
See chapter 502, page 26 of this code. 

Certificate and notice. Section 555. The state superin- 
tendent shall certify the apportionment made as aforesaid to 
the secretary of state and shall immediately give notice thereof 
to each county clerk and county treasurer stating the amount 
apportioned to his county and to each town, village and city 
therein. Upon receiving such apportionment the secretary of 
state shall draw his warrant upon the state treasurer, payable 
to the proper county treasurer, for the total amount apportioned 
each county, and the amount of such warrant shall be paid to 
the county treasurer entitled to receive the same at the tim.e 
when he shall pay over to the state treasurer the amount due 
the state on account of state taxes as required by law. 



298 SCHOOL LAWS OP WISCONSIN. 

Correction of apportionment. Section 556. Whenever 
any officer shall omit to make within the time fixed any state- 
ment or report required to be made to the state superintendent 
he shall notify such officer by mail or otherwise of such omission, 
but the failure of the state superintendent so to do shall in no 
manner affiect the consequences of such omission. If at any 
time within two years after an apportionment in which any 
town, village, city or school district was excluded upon any 
ground mentioned in section 554 satisfactory evidence shall be 
filed mth the state superintendent that such exclusion was due 
to some mistake or omission of some officer, and that such. town, 
village, city or school district was legally entitled to have :^hared 
in such apportionment the state superintendent shail certify 
such facts and the amount justly apportionable thereto to the 
secretary of state and notify the county clerk and treasurer of 
the proper county thereof. The secretary of states shall draw 
his warrant therefor, and the money shall bo paid from the 
school fund income for the use of such town, village, city or 
school district as if originally apportioned. 

County treasurer's duty. Section 557. Each county 
treasurer shall apply for and receive the school money due to 
his county as soon as apportioned and payable, and shall imme- 
diately give notice in writing of the amount apportioned to each 
town, village and city in his county to the treasurer and clerk 
thereof respectively and shall pay the same to each such treas- 
urer on demand, who shall pay the same to the proper school 
treasurer as provided by law. If any such town, village or city 
treasurer shall, not demand such money before the next receipt 
of school money apportioned to such county, the county treas- 
urer shall add such sum remaining in his hands to the money 
so next received and distribute the same therewith and in the 
same proportion among the several towns, villages and cities en- 
titled thereto in such county. 

Apportionment. School must be maintained at least 
eight months. Section 558. (Chapter 108, Laws of 1907, 
amending section 558, Statutes of 1898, as amended by chapter 
450, Laws of 1901.) The town clerk shall apportion all school 
money received from the state and also all raised by the town, 
among the several districts and parts of districts within the 
town, in proportion to the number of persons between the ages 
of four and twenty years residing in each, taking such number 
from the last annual report of their respective district clerks. 



DISTRIBUTION OF THE SCHOOL FUND INCOME. 299 

No money shall be apportioned to any district or part of a 
district, except as herein provided, and as provided in section 
554 of this chapter, by the discretion of the state superin- 
tendent, unless the last annual report of such district, verified 
by the affidavit of the district clerk, shall show that all school 
money received from the state by such district has been used in 
paying a legally qualified teacher, and that a common school has 
been taught in such district by such teacher for at least eight 
months during the year ending with the date of such report. 
Provided that any time which such report shall show was spent 
by the teacher or teachers of said district in attendance upon 
an institute in the county, and was allowed by the district 
board without deduction from such teacher's wages therefor, 
shall be included as a part of such eight months. 

This amendment requires that hereafter at least eight months 
school must be maintained in each school district in order that the 
district may be lawfully entitled to share in the apportionment of 
state and county (town) school money apportionments. 

Moneys not paid. Section 559. All money apportioned 
by the town clerk to any district or part of a district which shall 
have remained in the hands of the town treasurer for one year 
after such apportionment, by reason of such district or part of 
district neglecting or refusing to receive the same, shall be 
added to the money next thereafter to be apportioned by such 
town clerk to the several districts and parts of districts in such 
town and apportioned therewith. 

Month. Section 560. In reckoning school months twenty 
days, as specified in section 459, shall constitute a month, and 
one hundred and twenty days, six months, [and one hundred 
and sixty days, eight months. See section 554.] 

At least eight months, one hundred and sixty days, of school taught 
by a legally qualified teacher, must be maintained in each district or 
sub-district in order that the district or town (in cases where the 
schools are organized under the township system of school govern- 
ment) may be entitled to share in the apportionment of the state 
and town school money. 

Common school fund. (Chapter 313, Laws of 1903, amend- 
ing Section 1072a of the Statutes of 1898.) Section 1072a. 
There is appropriated annually to the common school fund in- 



300 SCHOOL LAWS OF WISCONSIN. 

come an amount equal to seven-tenths of one mill for each dol- 
lar of the assessed valuation of the taxable property in the state, 
as determined by a State Board of Assessment, exclusive of the 
property of corporations which pay license fees, or which are 
assessed for taxation by a state board of assessment, to be de- 
rived annually as follows: two hundred thousand dollars from 
the license fees, or taxes paid by said corporations, and the bal- 
ance from a tax which shall be levied on all other taxable prop- 
erty. The appropriation hereby made shall be taken from the 
license fees and taxes aforesaid accruing to the state in the 
month of February in each year, and the amount thereof shall 
be disbursed in the manner and under the conditions and restric- 
tions provided for disbursements of the common school fund in- 
come. 

School fund apportionment. SECTioisr 1072b (as amended 
by Sec. 20,, Chap. 351, Laws of 1899 and as renumbered by 
Chap. 313, Laws of 1903). Section 10726. The state super- 
intendent shall apportion the school moneys each county will be 
entitled to receive under the provisions of this section between 
the 10th and 15th days of December in each year, and certify the 
apportionment so made to the secretary of state and state treas- 
urer, and he shall, at the same time, certify to each county clerk 
and county treasurer the amount of said tax to which each 
town, city and village in their respective counties is entitled. 
Upon receiving such apportionment the secretary of state shall 
immediately inform the county clerk and the county treasurer 
of the amount of state school tax such county will be required to 
levy and the amount it will be entitled to receive in return as 
its portion of the school fund accruing under the provisions of 
this section. At the same time that taxes levied for other state 
purposes are now required to be paid into the state treasury 
each county treasurer shall pay over to the state treasurer the 
school moneys arising under the provisions of this section in ex- 
cess of the amount such county is entitled to receive in return 
as its portion of the state school tax. But if a larger amount 
shall be due any county than such county is required to pay the 
state treasurer shall pay to the treasurer of such county, at the 
time of the payment of the state tax assessed against the county, 
the amount due the county in excess of the state school tax 
levied upon it. The treasurer shall, at the time of making a 
settlement between the state and any county on account of any 
state school tax levied upon the county, exchange receipts show- 
ing that the full amount assessed against the county as a state 



DISTRIBUTION OF THE SCHOOL FUND INCOME. 301 

school tax has been accounted for to the state, and, in turn, 
that the amount due the county on account of a state school tax 
has been accounted for to the county by the state treasurer; 
and within ten days from -such settlement the several county 
treasurers shall pay over to the several town, city and village 
treasurers the amount to which they are respectively entitled 
by the apportionment made by the state superintendent. It is 
hereby declared to be the true intent and meaning of this sec- 
tion to provide for an earlier distribution to the counties of the 
moneys collected as a state school' tax and that only the balance 
that may be due any county or the state, as the case may be, 
shall be paid in money at the time of settling accounts between 
the county and the state, in so far as they relate to the state 
school tax. 



302 SCHOOL LAWS OF WISCONSIN. 



XXXL— THE STATE SUPERINTENDENT. 



(Chapter 37, Laws of 1903, relating to the duties, qualifications 
• and salary of the state superintendent.) 



Qualifications; oath of office. Section 1. No person shall 
be eligible to the office of state superintendent of public instruc- 
tion, who shall not, at the time of his election thereto, have 
taught or supervised teaching in the state of Wisconsin, for a 
period of not less than five years, and who shall not, at such 
time, hold the highest grade of certificate which the state su- 
perintendent is by law empowered to issue. He shall, within 
twenty days after he receives notice of his election, and before 
entering upon the duties of his office, take and subscribe the 
constitutional oath of office, which shall be filed in the office of 
the secretary of state. 

Supervisory duties generally. Section 2. He shall have 
general supervision over the com.mon schools of the state, and it 
shall be his duty: 

School work. 1. To ascertain, so far as practicable, the 
conditions of the public schools of the state ; to stimulate inter- 
est in education ; to spread as widely as possible, through public 
addresses,, bulletins, and by conferences with school officers, 
teachers and parents, a knowledge of methods, which may be em- 
ployed 'to introduce desirable improvements in the organization, 
government and instruction of the schools. 

School books. 2. To prohibit the use of sectarian books 
and sectarian instruction in the public schools; to advise in the 
selection of books for school district libraries; to prepare as 
often as he shall deem necessary, a list of books suitable for 
school district libraries, and furnish copies of such list to each 



THE STATE SUPERINTENDENT. 303 

town, village or city clerk, or secretary of the board of educa- 
tion, and to each county or city superintendent, from which lists 
the above designated officers shall select and purchase all books 
for use in the school libraries of the state. 

Educational meetings. 3. To attend such educational 
meetings and make such investigations as he may deem impor- 
tant, and such as may enable him to obtain information relating 
to the different systems of common schools in the United States, 
said information to be embodied in his biennial report to the 
state legistlature. 

Public sentiment. 4. To endeavor to arouse an intelligent 
interest among the people of the state in the general subject of 
industrial and commercial education, including manual train- 
ing, agriculture, and domestic science, and to awaken and edu- 
cate public sentiment for the suitable introduction of these sub- 
jects into the public schools,' and to make such inspection and 
investigation as may be necessary for the intelligent supervision 
of the work therein. 

Supervision. 5. To exercise general supervision over the 
establishment and management of county schools of agriculture 
and domestic science, manual training schools, county training 
schools for teachers, and the day schools for the deaf; to advise 
with the principals and local authorities thereof and to formu- 
late courses of study for such schools, to embody in his biennial 
report or in special bulletins or circulars such statements, sug- 
gestions, and statistics, as he may deem useful and for the in- 
formation of the public. 

Publications. 6. (As amended by Chapter 241, Laws of 
1905.) To revise, codify and edit the school laws from time to 
time, as circumstances may make necessary, and by lectures, cir- 
culars, correspondence and public addresses, give the public 
information bearing upon the different methods of school or- 
ganization and management provided by law in this state; to 
prescribe rules and regulations for the management of town- 
ship and school district libraries and the penalties which may 
be imposed upon district and town officers for any violation 
thereof; to prepare for the use of school officers suitable forms 
for making reports and suitable outlines as aids in conduct- 
ing annual and special meetings; to prepare and publish 
from time to time as occasion may require courses of study 



304 SCHOOL LAWS OP WISCONSIN. 

for ungraded, state graded, and free high schools, and day 
schools for the deaf, with such comments and instructions as 
may be deemed essential for an intelligent understanding there- 
of; to compile, edit and distribute to the schools annually in 
pamphlet iorm matter^'adapted to and- suitable for the intelli- 
gent observance of arbor and bird day, and memorial day; to 
provide the subject matter and statistics necessary for the print- 
ing of all reports, pamphlets, and circulars published for any 
and all these purposes, and to furnish suitable material in the 
form of printed catalogue cards to enable teachers and pupils to 
make an intelligent use of the township school libraries, all such 
printing to be done by the state printer at the expense of the 
state. 

Appeals. 7. To examine and determine all appeals, which 
by law may be made to him according to the rules regulating 
such matters, and to prescribe rules of practice in respect 
thereto, not inconsistent with law. 

Educational works. 8. To collect in his office such school 
books,, apparatus, maps, and charts, as may be obtained without 
expense to the state; to purchase at an expense not exceeding 
one hundred and fifty dollars in any one year, to be paid out of 
the state treasury, works and periodicals bearing upon the dif- 
ferent phases of education. 

School fund income. 9. To apportion and distribute the 
school fund income as provided by law. 

Copies of record. 10, To make copies when required by 
any person so to do, of any papers deposited or filed in his office 
and of any act or decision made by him,, and to certify the same 
provided he may demand therefor twelve cents per folio, which 
fee shall be paid into the state treasury. 

Report. 11. To prepare in each even numbered year a re- 
port to be delivered by him to the governor on or before the 
thirty-first day of December, containing: 

1. An abstract of all the common school reports received by 
him from the several county and city superintendents. 

2. A statement of the condition of the common schools, the 
state graded schools, the city graded schools, the free high 
schools and independent high schools, the manual training, 
schools, the schools established for the purpose of giving instrue- 



THE STATE SUPERINTENDENT. 305 

tion in agriculture and domestic science, the county training 
schools for teachers, the day schools for the deaf, the state nor- 
mal schools and the state university, and such other schools as 
may hereafter be established by law. 

3. Statements of the receipts and disbursements of all school 
moneys. 

4. Plans for the improvement and better management and 
organization of all common and other schools. 

5. A statement of his official visits to educational institutions 
of any kind, and of the work done by the different inspectors 
and officers provided for by law, and employed by him in the 
performance of the duties of the office,, for the biennial period. 

6. All such other matters relating to his office and the school 
system of the state, as he shall deem expedient to publish. 

Teachers' institutes. 12. To exercise supervision over 
the teachers' institutes, held in the different counties of the 
state, and with the advice and consent of the institute commit- 
tee of the board of regents of normal schools, publish from time 
to time a syllabus and outline of work suitable to be done 
therein. 

Annual convention. 13. To hold at least one convention 
annually at a convenient and accessible point in the state, for 
the purpose of consulting and advising with the county super- 
intendents in regard to the supervision and management of the 
public schools. 

13a. To hold one convention annually for the purpose of con- 
sulting and advising with the city superintendents of schools 
upon matters pertaining to supervision and management of city 
schools. 

See chapter 253, laws of 1909, page 95 of this code. 

Other duties. 14. To perform all other duties imposed 
upon him by law. 

Annual salary. Section 3. The state superintendent shall 
receive an annual salary of five thousand dollars. 

Assistant superintendent. Section 165. The state su- 
perintendent may appoint under his hand an assistant, who 
shall take the constitutional oath of office, which with his ap- 
pointment, shall be filed in the office of the secretary of state. 
Such assistant shall perform such duties as the superintendent 
shall prescribe, not inconsistent with law ; and the superintend- 
ent shall be responsible for all acts of such assistant. ' 

High school inspector. Section 165a. He may also ap- 



306 SCHOOL LAWS OP WISCONSIN. 

shall assist him in visiting, inspecting and supervising such 
schools and aid in giving information and assistance in the or- 
ganization and maintenance thereof in towns where there are 
no graded schools. When he is not engaged in the perform- 
ance of said duties said inspector may be assigned to such 
duties in the office of the state superintendent as the latter may 
designate. 

Rural school inspector. (Chapter 499, Laws of 1905.) 
Section 1. The state superintendent is hereby authorized to 
appoint a competent and suitable person as an inspector of rural 
schools. It shall be the duty of said inspector to visit and in- 
spect, as far as practicable, the rural schools of each county in 
the state and to procure information concerning the rural school 
districts. This inspector shall assist the state superintendent 
in preparing such special reports to the governor and legislature, 
bearing upon the conditions and needs of rural schools as may 
be advisable. It shall also be the duty of this inspector to con- 
fer with each county or district superintendent concerning the 
condition of the schools in his county or district ; to consult with 
school officers, patrons and teachers in regard to school manage- 
ment, discipline, branches of study, school law and school sanita- 
tion and by public lectures, conferences and meetings endeavor 
to arouse an intelligent interest in industrial and agricultural 
education, as well as in the Lisual routine work of the elementary 
rural school. The inspector provided for by this chapter shall 
work under the direction of the state superintendent and shall 
report to him as often as may be deemed necessary, concerning 
the conditions found in the schools and districts inspected and 
of the work done in the discharge of his duties. When the 
rural schools are not in session, said inspector shall be assigned 
to other duties by the state superintendent. 

Section 2. The inspector of rural schools shall receive as an 
annual salary two thousand dollars and shall be reimbursed for 
all actual and necessary traveling expenses when duly certified 
by the state superintendent. Such salary and expenses shall be 
paid out of the appropriation to the common school fund income 
provided for in chapter 3'13 of the laws of 1903. 

Assistant state superintendent, library clerk, mailing 
clerk. (Chapter 297, Laws of 1899.) Section 1. The as- 
sistant state superintendent shall be reimbursed the expenses 
actually incurred by him in the performance of his duties when 
the accounts for such expenses are approved by the state su- 
perintendent. 



THE STATE SUPERINTENDENT. 306a 

Section 2. The library clerk shall be reimbursed th.e ex- 
penses actually incurred by him in the performance of his 
duties when the accounts for such expenses are approved by 
the state superintendent. 

Section 3. The state superintendent may appoint- under his 
hand a mailing clerk, who shall receive an annual salary of one 
thousand dollars. 

Clerks, etc. Section 1655. The state superintendent may 
appoint a chief clerk, who shall, under his direction, have 
charge of the books and correspondence of the office, and who 
shall render such other assistance as the superintendent may 
direct. He may also appoint a library clerk, who shall, under 
his direction, aid in promoting the establishment, maintenance 
and control of school libraries; an index and filing clerk and 
a person as clerk and stenographer. All such appointments 
shall be made by writing filed in the office of the secretary of 
state. 

Expenses of chief clerk. (Chapter 282, Laws of 1903.) 
Section 1. The chief clerk shall be reimbursed the expenses 
actually incurred by him in the performance of his duties when 
the accounts for such expenses are approved by the state super- 
intendent. 

Office. Section 167. The state superintendent shall have 
an office at the capitol,, where shall be deposited all papers and 
documents appertaining to the business of his office, and to 
which place communications on the subject of common schools 
may be addressed to him. 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 307 



XXXIL— SUGGESTIVE FOKMS FOE THE USE 
OF TOWN AND SCHOOL OFFICERS. 



No. 1. 

Form of order organizing a new school-district, to he filed with 

the town clerk. 

It is hereby ordered and determined that [here describe the 
territory to be comprised in the district, by sections and parts 
of sections] shall hereafter constitute a school-district, to be 

known as school-district No. — , of the town of . 

Given under our hands, this day of — — — , 19—. 

(Signed) A- • B , 

C D— , 

E- F , 

Supervisors of the town of . 



Note. — For form of order organizing joint district, see No. 6. 



No. 2. 



Form of notice for the first meeting of a school-district, to he 
' delivered iy the town supervisors to a taxable inhabitant 
of the district. 

Having, on the day of • , 19—, formed a new 

school-district, to be known as school-district No. — , of the town 

of — -, [or joint school-district No. — , of towns of 

and — , in case it be a joint district] comprising the fol- 
lowing territory: [Here insert the description of the district, 
as in form No. 1], you are hereby directed to notify every 
qualified voter of said district to attend the first meeting there- 
of, which is hereby appointed to be held at the house of , 



308 SCHOOL LAWS OP WISCONSIN. 

in said district, on the day of , 19-^, at — o'clock 

in the noon, by reading this notice in the hearing of each 

such voter, or in case of absence from his place of residence, by 
leaving thereat a written notice of the time and place of such 
meeting, at least five days before the time appointed for such 
meeting, and thereof to make due return. 

Dated at — • , this — day of , 19 — . 

(Signed) A ■ B , 

C D , 

E F , 

Supervisors of the town of . 



Note. — If it is a joint district, the notice must be signed by the 
supervisors of each town in whicla any part of the district lies and 
women as well as men must be notified. 



No. 3. 



Form of notice for first meeting, to he left at the residence of a 
voter when absent. 

To A. A.: 

By direction of the supervisors of the town of , you are 

hereby notified that the first meeting of school-district No. -^, 

of , recently formed, will be held at the house of 

, in said district, on the day of , 19 — , at 

— o'clock in the ■ ■ noon. Tour attendance is re- 



quested. 

(Signed) G H- , 

Person appointed to give notice. 



No. 4. 



Form of return to he endorsed upon notice received from, town 
supervisors, on the formation of a school-district. 

•I hereby certify that I have notified the following named per- 
sons [here give the names in full], personally, and the following 
named persons [here insert names] by copy, according to the di- 
rections of the within notice. 

Dated this day of , 19 — . 

' (Signed) G H , 

Person appointed to give notice, 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 309 



No. 5. 

Form of notice for a meeting of a school-district to he delivered 
hy the town sup'^svisors, to a taxable inhabitant, in case 
there is no officer to call a meeting. 

To A. B., a taxable inhabitant of school- district No. — , of : 



You are hereby directed to notify every qualified voter of 

school- district, No. — , of , to attend a meeting thereof, 

which is hereby appointed to be held at the house of 

— , in said district on the — day of ■ — , 19 — , at 

o'clock in the noon, by reading this notice in the 



hearing of such voter, or in case of absence from his place of 
residence, by leaving thereat a written notice of the time and 
place of such meeting, at least five days before the' time ap- 
pointed for such meeting. The following is a description of 
said district: [here describe the district as in. form No. 1.] 

(Signed) A B , 

C ■ D , 

E: ■ F , 

Supervisors of the town of . 



Note. — If it is a joint district, the notice must be signed by the 
supervisors of each town in which any part of the district lies. 



No. 6. 

Form, of order organizing a joint school-district. 

It is hereby ordered and determined that [here describe the 
territory by sections and parts of sections] shall hereafter con- 
stitute a school-district, to be known as joint school-district 

No, , of the to^^Tis of [here insert the names of all the 

towns in which any portion of the district is situated]. 

Given under our hands, this day of , 19 — . 

(Signed) A B ■, 

C— ■ D 

E . F , 

Supervisors of the town of . 

G • H , 

I J , 

K . L , 



Supervisors of the toivn of . 

Note. — The above order must be signed by at least two supervisors 
from each town affected by it, and a copy must be filed with the town 
Clgrk of e3,ch town. 



310 SCHOOL LAWS OF WISCONSIN. 

No. 7. 

Form of acceptance of offi'Ce l)y district officers elected at the 
first meeting^ after the formation of a district, to te filed 
ivith the clerk of tJre m,eeting. 

I herebj'' signify my acceptance of the office of , of 

school-district No. — , in the town of - — , to which! have 

been elected. 

Dated this — day of ■, 19 — ■. 

(Signed) G H . 



No. 8. 



Form of notice to he given to the district clerk tvhen alteration 
of the boundaries of a district is contemplated. 

To C. D., Clerk of school-district No. — , of town of : 

You will take notice that we shall be present at [here mention 

the place], on the day of • , 19—; at — o'clock in 

the noon, to hear and decide upon certain proposed al- 
terations of the boundaries of said school-district. 

Dated this • day of ■ — , 19 — . 

(Signed) A B ■~, 

C ^D — , 

E . F , 



Supervisors of the town of . 

Note. — In case of a joint district, the above notice must be signed by 
a majority of the supervisors of each town, a part of which is em- 
braced in the district or districts to be affected by the proposed altera- 
tion. Return must be filed in the oflBce of town clerk of each, town 
by person serving the notice. 



No. 8a. 



Form of application for alteration of the joint school district, 

under provision of Chapter 218, Laws of 1903, page 

of this school code. 

To A B -: 



Chairman of the Town of , 

County of . 

We, the undersigned, members of the town board of super- 
visors of the town of , county of — ^ ; do herewitH 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 311 

make application to have (Here describe the territory which it 
is desired shall be taken from one district and made part of 
another.) detached from school district No. — (joint) of the 

town (or towns) of , — • county, Wisconsin ; and in 

order that a hearing may be had as to the advisability of the 
transfer of terrory you are requested to fix a time for the joint 
meeting of the boards of supervisors (or board of trustees or 
common council) of the towns of and ; said meet- 
ing to be held not less than ten nor more than twenty days 
after this application is placed in your hands. 

Note. — If the chairman, etc., attempts to call the meeting he must 
not only notify the supervisors as described above but he must notify 
the clerks of the different districts, as provided for in section 418 of 
the statutes, and a "return" that the clerks have been so notified must 
be filed in the office of the clerk of each town by the person serving 
the notice. It is advisable that the person serving the notices upon 
the clerks shall serve notices upon the treasurer and director, making 
suitable "return." 



No. 9. 

Form of order for altering the 'boundaries of a school-district. 

It is hereby ordered and determined that the [here describe 
the territory by sections and parts of sections] , now part of 

school-district No — , of the town of , be and hereby is 

taken from said school-district, and attached to and made a part 
of school-district No. — , of said town for all purposes whatso- 
ever. 

This order will take effect on the — day of , 19 — . 

Given under our hands the day of , 19 — . 

(Signed) A B , 

C-^ • D , 

E F , 

Supervisors of the town of — . 

Note 1. — -The above order must be filed with the town clerk and the 
district clerk; and in case of a joint district the order must be 
signed by a majority of the supervisors of each town, a part of which 
is embraced in the district and filed with the town clerk of each town, 
and the district clerk of each district affected by the alteration. 



312 SCHOOL LAWS OF WISCONSIN. 



No. 10. 

Form of order of town sup^ervisors awarding proportion of 
value of property to new district. 

To the district clerk of school-district No. — , of the town of 

Having formed a new school-district, No. — , of the town of 
in part [or wholly] from the territory of your district, 



we have ascertained and determined the proportion of value of 
the schoolhouse and other property, justly due to such new 
school- district from your district, retaining such schoolhouse and 

other property to be dollars. You are therefore to raise 

and collect by tas, upon the taxable property of your district, 

the said sum of dollars, and when collected pay the same 

to the treasurer of said new district. 

Given under our hands this day of , 19 — . 

(Signed) A B , 

C D , 

E • F , 

Supervisors of the town of . 



Note. — In the case of a joint district, the above notice must be 
signed by a majority of the supervisors of each town embraced, in 
part, in the district. 



No. 11. 

Form of notice for annual district meeting. 

Notice is hereby given to the qualified electors of school-dis- 
trict No. — , of the town of • , that the annual meeting of 

said district for the election of officers and the transaction of 
other business, will be held at , on the first Monday, be- 
ing the day of July, at 7 o'clock in the afternoon [unless 

some other hour was determined upon by the district at the 
previous annual meeting]. 

Dated this day of — , 19 — . 

(Signed) C D , 

District Clerk. 

Note. — The above notice must be affixed to the outer door of the 
schoolhouse, if there be one in tlie district, and must be posted up in 
at least three ether public places, at least six days before the time ap- 
pointed for the meeting. 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 3i3 

No. 12. 

Form of notice for ■jn adjourned district meeting, ivhen suclt 
meeting has teen adjourned for a longer period than one 
month. 

Notice is hereby given, that a meeting of the qualified elec- 
tors of school-district No. — , in the town of , will be 

held at , in said district, on the — day of , 19 — , 

at — o'clock in noon, pursuant' to adjournment. 

Dated this day of —, 19 — . 

(Signed) C D , 

District Clerk. 

Note. — The foregoing must be posted the same as for the annual 
meeting. 



No. 13. 



Form of request for clerk to call a special district meeting. 
To A. B., clerk of school-district No — of the town of 



Sir — You are hereby requested to call a special meeting of 

the above district on the day of , 19 — , at 

o'clock in the noon, for the purpose of [here state the 

business to be transacted] . 

(Signed) A B 

C D 

E F 

G H 

I J 



Note.— The above notice must be signed by at least five legal voters. 



No. 14. 



Form of notice for special district meeting. 

Notice is hereby given to the qualified electors of school-dis- 
trict No. — , in the town of , that a specal meeting of said 

district Avill be held at , on the day of , 

19 — , at o'clock in the noon, for the following 



314 SCHOOL LAWS OF WISCONSIN. 

objects: [Here particularly specify each item of business to be 
acted upon.] 

(Signed) C D , 

District Clerk. 

Note. — The above must be posted as for an annual meeting, and in 
case it is intended to raise a tax, or vote a loan, three-fourths of the 
legal voters must be personally notified of the meeting, or a copy of 
the above notice must be let at their places of residence, at least six 
days before the time appointed for the meeting. 



No. 14a. 



Form of notice for "special school m>eeting\ for the purpose of 
authorizing the district hoard to torrow money from the 
trust funds of the state, and to vote the taxes required hy 
law to he voted, in order to ohtain such loan. 

Notice is hereby given to the qualified voters of school- 
district No. — , town of , that a special school meeting of 

said district will be held at , in said district on the 

day of — , 19—, at o'clock P. M., for the purpose 

of voting on the following propositions, viz. : 

1st. To authorize the school board to make application for a 

loan of dollars from the state trust funds, payable in 

years, with interest at the rate of per cent, per 

annum payable annually in advance, for the purpose of build- 
ing a schoolhouse. 

2d. To raise by tax a sum sufficient to pay the principal and 
interest of such loan as it becomes due. 

3d. To raise by tax the sum of dollars, to be collected 

in the tax for the year to aid in building a schoolhouse. 

(Signed) , 

Dated ■. District Clerk. 



No. 15. 



Form of notice to he given hy the clerk of a school-district yneet- 
ing to the officers elect who were not present at the meeting. 

To ■ : 



You are hereby notified that at a meeting of school-district 



FORMS FOR USB OF TOWN AND SCHOOL OFFICERS. 315 

No. — , in the town of , held on the day of , 

19 — ^ you were duly elected of said district. 

Dated this day of , 19—. 

(Signed) C D- 



Clerk of said meeting. 

Note. — This notice is required to be given within five days after the 
meeting, and only to those persons elected to office who were not pres- 
ent at the time. 



No. 16. 



Form of refusal to accept district office, to he filed ivith the 
clerk of the district. 

To the clerk of school-district No. — , in the town of : 

You are hereby notified of my refusal to accept the office of 

, to which I was elected at the meeting of said district, 

held on the day of -, 19 — . 

(Signed) G ■ H . 



Note. — This notice of refusal must he filed within ten days aftei 
the election, or the person will be deemed to have accepted the office, 
and be liable for non-performance of duty. 



No. 17. 

Form of an appointment to fill a vacancy in the district board. 

To A. B. : 

The office of [clerk, director, or treasurer] of school- district 

No — , of the town of , having become vacant, you are 

hereby appointed to fill such vacancy until the next annual 
meeting in said district. 

Dated this ■ day of , 19 — . 

(Signed) G' ■ H , 

Director. ' 

E F , 

Treasurer. 
[Or other members of the board as the case may be.] 

Note. — It requires two members of the board to make an appoint- 
ment. If they neglect for ten days to fill the vacancy, it must be done 
by the town clerk, after the following form; in either case the ap- 
pointment must be filed with the district clerk, 



316 SCHOOL LAWS OF WISCONSIN. 

No. 18. 

Form, when the town clerk appoints. 

To A. B.: 

The office of [clerk, director or treasurer] of scliool-district 

No. — , of the town of -, haying become vacant, and the 

district board of said district having failed to fill the same 
within ten days yon are hereby appointed to fill such vacancy 
until the next annual meeting of said district. 

(Signed) C- D , 

Town Clerh. 

Note. — In case a vacancy in a joint district is to be filled by the 
town clerk, the appointment is to be made by the clerk of the town 
containing the schoolhouse. (See sec. 433.) 



No. 19. 



Form of refusal to accept a district office hy appointment. 

To the district board of school-district No. — [or the town 

clerk as the case may be], of the town of : 

You are hereby notified of my refusal to accept the office of 
of school-district No. — , of said town, to which I was 



appointed by you on the • day of , 19- 

Dated this — • day of , 19 — . 

(Signed) G H . 

Note. — The notice of refusal must be filed with the clerk or director 
within five days after the appointment, or the person shall be deemed 
to have accepted the office, and be liable to a fine for non-performance 
of duty. 



No. 20 (Deed or Lease). 

Form of deed of a schoolhouse site. 

Know all men by these presents, that I, A. B. [and C. B., 

his wife, if married], of the town of , in the county of 

, in state of Wisconsin, party of the first part, for and 

in consideration of the sum of dollars to them in hand 

paid by the district board of school- district No. — , of the town 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 317 

of , county of , and state aforesaid, the receipt 

whereof is hereby acknowledged, do hereby grant, bargain, sell 
and convey to the said school-district, party of the second part 
and their assigns, the following described piece of land, namely : 
[Here insert description of land], together with all the privi- 
leges and appurtenances thereunto belonging: To have and to 
hold the same to the party of the second part and their assigns 
foreever; and the said party of the first part for themselves, 
their heirs, executors and administrators, covenant, bargain, 
and agree, to and with the said party of the second part and 
their assigns, that at the time of the sealing and delivery of 
these presents, they are well seized of the premises above con- 
veyed, as of good, sure, perfect, absolute, and indefeasible 
estate of an inheritance in the law in fee simple and that the 
said lands and premises are free from all incumbrances whatso- 
ever, and that the above bargained premises in the quiet and 
peaceable possession of the third party of the second part and 
their assigns, against all and every person or persons lawfully 
claiming, or to claim, the whole or any part thereof, the said 
party of the first part will forever warrant and defend. 

In witness whereof, the said A. B. and C. B., his wife, party 
of the first part, have hereunto -set their hands and seals, this 

day of , A. D. 19—. 

A B , [seal.] 

C D , '[seal.] 

Signed, sealed and delivered 
in the presence of 

E F , 

G ■ H , 

Note. — Such deed should be duly acknowledged before a notary pub- 
lic, justice of the peace, or other officer authorized by law to take such 
acknowledgment, and recorded in the office of the register of deeds for 
the county. 

' ; Form of lease. 

Know all men by these presents, that A. B., of the town of 
in the county of , in the state of "Wisconsin, of 



the first part, for the consideration herein mentioned, does 

hereby lease unto "school-district No. — , of the town of ," 

county of , in the state aforesaid, party of the second 

part, and their assigns, the following described parcel of land: 
[Here insert description of land.] Together with all the privi- 
leges and appurtenances thereunto belonging: To have and to 



318 SCHOOL LAWS OF WISCONSIN. 

hold the same for and during the term of years, from 

the day of , A. D. 19 — ; and the said party of 

the second part for themselves and their assigns, do covenant 
and agree to pay to said party of the first part, for said prem- 
ises, the annual rent of dollars. 

In testimony whereof, the said parties have hereunto set their 
hands and seals, this day of , 19 — •. 

A B ^,[SEAIi] 



Lessor. 



C ■ D- 

E F- 



G H , 

District hoard of school-district No. — , 
of the town of 



No. 21. 

Form of contract between district and teacher. 

It is hereby agreed between school-district No. — , of the town 

of , and L. M., a qualified teacher of the county of 

[or superintendent district No. — , of the county of , 

as the case may be] that the said L. M. is to teach the common 
school of said district for the term of [here insert the time], 

for the sum of per month, commencing on the 

day of , 19 — , it being understood and mutually agreed 

that days shall constitute a month ; and for such serv- 
ices properly rendered, the said district is to pay to the said 
L. M., the amount that may be due according to this contract, 

on or before the day of , 19 — . 

Dated this day of , 19 — . 

(Signed) A B ■, Director, 

C D — — — •, Treasurer, 

E • F , Clerli, 

L • M , Teacher. 

If the teacher holds a limited certificate, for a single town or dis- 
trict, the contract may read: "a qualified teacher of said town," or 
"said district." 

In case the teacher is employed in a graded school, the particular 
department for which he is engaged may be specified, and the con- 
tract may read: " dollars per week," if hired by the week. 

By section 459 printed on page 71 of this code, it will be seen that 
20 days constitute a teacher's month, unless otherwise specified in the 
contract. When the teacher is hired at sp much a month it is best 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 319 

always to specify in the contract how many days of teaching shall 
be considered a month. 

All legal holidays count as school days for both teacher and district, 
if they come on a day Avhen school would otherwise be taught, but as 
the law now provides Saturdays are not to be counted. If a legal 
holiday occurs on Sunday, the succeeding Monday is a legal holiday. 

I!:' the teacher is expected to build the fire, or cleanse or otherwise 
care for the schoolhouse, it should be so stated in the contract. If 
not specially provided for, the district board must provide for janitor 
service. 

If the teacher expects the wages to be paid in monthly installments, 
or in partial payments of any. kind, that should be clearly stated in 
the contract. 

The contract must be signed by at least two members of the board, 
and cannot lawfully be made, until a meeting of the board has been 
held. A copy of the certificate held by the teacher must be attached 
to the contract. See section 438. 



No. -22. 



Form of hond of district treasurer to he filed with the district 

clerk. 

Know all men by thest presents, that we, E. F., treasurer of 

school-district No. — , of the town of , and L. M.. his 

surety, are held and firmly bound unto said school- district in 
the sum of [here insert a sum of double the amount to come into 
the treasurer's hands, as near as can be ascertained] to be paid 
to the said school-district, for the payment of which, well and 
truly to be made, we bind ourselves, our heirs, executors, and 
administrators, jointly and severally, firmly by these presents. 

Sealed with our hands and dated this day of , 

A. D. 19—. 

The condition of the above obligation is such that if the said 
F. F., treasurer as aforesaid, shall faithfully discharge the du- 
ties of his office as treasurer of said school-district, and shall 
well and truly pay over to the person or persons entitled thereto, 
upon the proper order therefor, all sums of money which shall 
come into his hands as treasurer of said district, and shall, at 
the expiration of his term of office, pay over to his successor in 
office all moneys remaining in his hands as treasurer aforesaid, 
and shall deliver to his successor all books and papers apper- 
taining to his said office, then this obligation shall be void, 
otherwise of full force and virtue. 

E F , [seal.] 

L M , [seal.] 

Signed, sealed and delivered in 
presence of 

R ■ S , 

G • H— -, 

21— S. L. 



320 SCHOOL LAWS OP WISCONSIN. 

Form of approval to he endorsed on the bond of treasurer. 

We approve of the within bond and surety. 

(Signed) G H '■ , Director, 

C D , Clerk. 



No. 23. 

Form of notice to treasurer to furnish additional security. 

To A. B., treasurer of district-school No. — : 

Sir. — Deeming the security upon your "bond insufficient to 
protect the district against loss, we hereby require you to fur- 
nish a new bond in the sum of $ ', with sureties to be ap- 
proved by us, within ten days of the date hereof. 

(Signed) C— J) , Director, 

E — F , Clerk. 



No. 24. 



Form, of order on treasurer for m^oneys to 6e disbursed hy 

school-district. 

To A. B., treasurer of school- district No. — , in the town of 



Please pay to — — — ^ — the sum of dollars for 

[here specify the object for Avhich the money is to be paid] , out 
of any money in your hands, not appropriated, belonging to 
the [here name the fund on which the order was drawn] , of 
said district. 

Dated this day of — — , 19 — . 

(Signed) C D , District Clerk, 

G H , Director. 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 321 

No. 25. 

Form, of school register to he kept hy the teacher of each school. 

The register furnished by the district should be one arranged 
in four parts. The first part should consist of blank pages for 
entering the daily program of recitation and study. The fol- 
lowing is a model page of this part : 

Daily Programme of Recitation and Study. 

For term from to . ; 190 . . 

Teacher. 



Eecitations. 












Beginning-. 


Class. 


Form. 






Hr. 


Min. 


Branch. 


Book. 


Primary ' Middle 
form. ' form. 


Upper 
form. 





































































t 


...... 











































































The second part of the register should consist of blank pages 
for entering the school number, name, age, sex, daily attend- 
ance and tardiness of every pupil who attends the school, with 
a blank column at the right of the page, if desired, for a monthly 
summary, and one for "remarks." Following is a model for 
this section. Usually there is space for four months of record 
upon two contiguous pages. 



322 



SCHOOL LAWS OF WISCONSIN. 



Teachers' Daily Register for the Term Commencing 
Ending , 190 — . 



-, and 



School Months, from 



to . 





















Teacher. 




























Sex. 
























Monthly 
Summaries. 










^ 






















fc^ 










.• 








Oi 


-ij 


to 


Remarks. 
















rt 










rrl 










0) 


'E 




.; 










■ 


>, 


-C 


rt 






t^ 




H 








Ol 


cS 






s 


6 


6 


1) 

a 






'ai 


3 


^3 


S' 

Tj 


T3 
0) 




3 


o3 


cS 


a 


■71 


s 







eS 


bfi 




o 


S 


^ 


j3 




O 


3 




r-l 


-^ 


o 


. c* 


03 




;? 


?5 


< 


y 


fa 


s 


H 


H 


fa 


g 


H 


^ 


t^ 


fa 


&.■ 


fi 


fi 


H 











































































































































The third part of the register should consist of blank pages 
for showing the classification of the school, and recording the 
progress and standing of each pupil in the several branchei of 
study pursued. Following is a model page of this section, 
which can be repeated for each class in the school : 



First (or Second, or Third) Class in Geography. 



Winter (or spring or fall) Term, beginning ending . . . . 

Class commenced .Geography and advanced to page. 















sn 
















Passed 


3 


Prepared 






Name. 




Entered. 


Left. 


over 


to go on 


Remarks. 


o 




fit 






pages. 


03 


from. 




^ 




< 








t» 






1. 


John Jones 


15 


Nov. 1. 


March 5 


19-78 


100 


Page 78... 


Studious. 


2. 


Jane Smith 


13 


Nov. 8. 


March 8 


25-68 


68 


Page 68. . . 


Inclined to be 
frivolous. 


3. 


H. Peters. 


14 


Nov. 10. 


March 5 


19-66 


100 


Page 66... 


Motlier sick. 
Made up all 
gone over 
to Nov. 10, 
Will prob- 
ai l.y make 
up during 
vacation to 
page 78, so 
as to go on 
with class. 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 323 

The fourth part of the register should consist of a pupil's 
record for the school year, or ledger, which will be statistics 
posted from the daily register, and upon which the clerk may 
depend for making up his annual report for the town clerk. In 
this record a pupil's name should be entered but once in any 
one school year. In all the series of records each pupil should 
be given a school number, which he should carry through the 
school year, whether attending school much or little, and this 
number should be assigned to no other pupil during that year, 
following is the form of this section that may be used. 



Pupils' Record for the School Year commencing 
ending , 190 — . 



-, 190 — , and 





Name. 


be 


Sex. 


1st Month. 


2nd Month. 




No. 


6 


S 

fa 


p 


! 


EH 


a 

ID 

in 
OJ 

rH 

>, 
CO 

Q 


0) 
CO 

< 


t4 


Remarks 














! 
























. 








































] 











Notes. — lu filling up the daily register, tlie teacher will of course, use 
her own preference in signs. The following are suggested: To indicate 
presence in the morning this mark — ,^; to indicate presence in the after- 
noon this mark — "^; t.so that if the pupil is present morning and after- 
noon this sign will appear against the name for that day — X- if tardy in 
the morning the number of minutes may be placed in the upper angle, 

10 V 

thus — X; if tardy in the afternoon, indicate in the same way thus — \i- 

The teacher should take the age of the child, when taking the name, 
and indicate the sex, as initial letters fail to give the necessary in- 
formation. 

The teacher should carefully add the columns in the daily register 
at the end of each month, which need to be transferred to the ledger, 
and enter the summary therein accurately and legibly. 

It is very desirable that each district in the state be fully and ac- 
curately reported. If one district in a town fails to report fully, the 
whole town suffers from this failure, in comparison with other towns 
that may be fully reported. 

That the register be neatly kept, it will be best for the teacher to 
use a small blank book, in which may be registered the absences for 
the day, and then at night the register may be properly filled and 
footed. 

Forms of school registers are now published, which are so arranged 
that all the foregoing items are condensed and kept in a single book. 
In procuring registers school officers should consult teachers or super- 
intendent, and purchase only such as are best adapted to simple yet 
complete records. 



324 



SCHOOL LAWS OP WISCONSIN. 



No. 26. 

Form of notice to town treasurer of apportionment of school 
moneys Ijy the town clerk. 



Treasurer of the town of : 

You are hereby notified that I have apportioned the school 
moneys now in your hands, to the different districts of the town, 
as follows : 



To district No. 1 

do 2 

do 3 

do 4 

do 5 

Dated this — 



(Signed) 



day of 



To district No., 6 
do 7 

To joint dist. .. 1 

do 2 

do 3 

. 19—. 



Town Clerh. 



Note.— Inimediately upon the receipt of the certificate of the town 
treasurer, of the amount in liis hands (See form No. 27), the clerk 
shall proceed to apportion it among the several districts of the town 
from which reports have been received according to law, and there- 
upon he must notify the treasurer as above, that he may pay the 
moneys to the treasurers of the districts entitled to the same. 



No. 27. 



Form of certificate of town treasurer of moneys in his hands 
subject to apportionment. 

To the town clerk of the town of : 

I hereby certify that there is now in my hands the sum of 

$ — , school moneys, subject to apportionment to the school 

districts entitled thereto. 

Dated this — - ■ ■■ day of — - — — , 19—. 

(Signed) - A • B , 



Toivn Treasurer. 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 325 

No. 28. 

Form of report of toivn clerh to the county superintendent, of 
the names and post office addresses of the district clei'ks 
in his toivn. 

To the county superintendent of schools of the county of : 

Sir: — 'I hereby report to you the names of the school-district 
clerks in the town of , and their addresses, as follows: 



District 



No. 1 

No. 2 

No. 3 

No. 4 

No. 5 

No. 6 

Joint No. 1 

o 
3 



Name of Clerk. 



A. B. 

C. D.. 
E. F.. 
G. H. 
I. K., 
L. M. 
N. O., 
P. E.. 
S. T.. 



Postofiice. 



(Signed) 



A- 



W- 



Town Clerk. 



Note.— The town clerk must report his own name and postoffice to 
the county superintendent within ten days after the said cleric's elec- 
tion, or appointment, and the name and ofhce of each district clerk in 
his town, within ten days after the filing of the same in his office. 



No. 29. 

Form of determination of relative proportion of taxes to he 
assessed npon the different parts of a joint district, situated 
in tivo or more towns. 



B- 



-, C- 



D- 



Upon the application of A — 

and E ■ F- , tax payers in joint school-district No. 

of the towns of and -, we have made the necessary 

inquiry and examination, and do hereby determine that for 
every dollar of district tax to be hereafter levied upon that 
portion of the district, the sum of cents shall be assessed 



326 SCHOOL LAWS OF WISCONSIN. 

upon that portion of the district lying in the town of 

and • • cents upon that part lying in the town of 

Dated this day of ■, 19 — . 

(Signed) G' H 

J^ ■ K 

L M 



Assessors of . 

N , 

P ■ R , 

S T , 

Assessors of . 

Note. — If assessors cannot agree, and the supervisors, or supervisors 
and cliairman of an adjoining town are called to act, they will also 
sign the above. See section 471. 



No. 30. 



Form of statement of the amount of taxes voted to ~be raised in 
a school-district, to he delivered hy the district clerk to the 
toivn clerk. 

To R ■ S , town clerk of the town of . 



The amount of taxes voted to be raised in school-district No. 

■ — ■, of the towai of — , at the last annual meeting of said 

district, held on the day of July, 19 — , is [write the 

amount in words] dollars; which amount you are requested to 
assess upon the taxable property therein. 

Dated this day of , 19 — . 

(Signed) C • D ■. 

Clerk of School District No. — of the town of . 



State of Wisconsin, County of , ss. 

C • D- , being duly sworn, on cath says that he is 

clerk of school- district No. — , of the town of , and the 

above statement by him made of the amount of taxes voted to 
be raised by said school-district therein is true. 

(Signed) C^ D . 

Subscribed and sworn to before me this day of , 

19—. 

(Signed) J P- 



Justice of the Peace. 

Note. — If a district has been lately organized and a tax was voted 
at the first meeting, as well as at the annual meeting, that sliould be 
stated; also any tax voted at a special meeting, lield between the time 
of the annual meeting and the third Monday of November following. 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 327 



No. 31. 

Form of statement of the amount of taxes voted to be raised in 
a joint district, to he delivered to the clerk of each toivn in 
ivhich any part of the district is situated. 

To R S , town clerk of the town of : 



The amount of taxes voted to be raised in joint school-district 

No. — , of the towns of and , at the last annual 

meeting of said district, held on the day of July, 19 — , 

is [write the amount in words] dollars; and the proportion of 
that amount to be raised in that part of said district which lies 

in the town of , is [write the amount in words] dollars, 

which you are requested to assess upon the taxable property 
therein. 

(Signed) C D , 

Clerh of Joint School-district No. — • 
Of the toivns of and ■ — . 



Note.— Attach affidavit of the district clerk similar to the one given 
in form No. 30. 



No. 32. 



Form of application to hoard of supervisors to estahlish a school- 
house site. 

To the board of supervisors of the town of : 



At a regular meeting of school- district No. — , it was decided 
by a vote of a majority of the electors present, to apply to your 
honorable board to establish a schoolhonse site for said district. 
The district has selected [here describe the location of the site 
selected], but is unable to obtain the same, for the reason that 
the owner of the land selected will neither lease nor sell the 
same to the said district [or that the owner is a non-resident]. 

(Signed) A ■ B , 

District Clerk. 



328 SCHOOL LAWS OP WISCONSIN. 



No, 33. 



Form of certificate of district clerk that the notice for the meet- 
ing of the supervisors to establish a schoolhouse site has 
he en given. 

To the board of supervisors of the town of -: 



I hereby certify that on the day of , I served 

the following notice upon the owner and occupant of the land 
therein described: [Here insert the notice in fonn 34.] 

Dated this — — ■ — day of.- •, 19 — . 

(Signed) ' A ■ B , 

District Clerk. 

Note. — In case there is no account of the land selected for a site, 
and the owner is unknown or resides out of the state, the notice must 
be published in the nearest newspaper, for six weeks previous to the 
meeting of the boaid of supervisors, and the above certificate must 
state the facts of such publication, instead of personal service. 



No. 34. 



Form of notice for meeting of supervisors to decide upon an 
application to locate and establish a schoolhouse site. 

The undersigned will be present at , on the — 

days of , at o'clock in the noon, to decide 

upon the application of school-district No. — , for the location 
and establishment of a schoolhouse site for said district upon 
[here describe the lands upon which it is proposed to establish 
a site]. 

Given under our hands, this day of —. — -, 19—. 

A^— -^ B-™, 
C — ^— D— ^, 

E • F^^— , 

Supervisors of the town of -^ , 



Note. — -In case the application is made by a joint district, the super- 
visors of all the towns in which any part of the district is situated 
must sign the above notice and be present at the meeting to estab- 
lish the site. 



FORMS FOR USB OF TOWN AND SCHOOL OFFICERS. 329 



No. 35. 

Form of certificate of action of town hoard of supervisors in 
locating^ and estahlishing schoolhouse site. 

We hereby certify that on the day of , A. D. 

19 — , we located and established a schoolhouse site for school- 
district No. -— , comprising the following described territory 
[here describe the lands taken for a site according to the survey 

of the same], and award the sum of ■ dollars in full as 

compensation to the owner [if there are two or more owners of 
the lands taken, specify the amount awarded to each], of the 
lands thus taken for said schoolhouse site. 

Dated this day of , 19 — . 

(Signed) A • B , 

C D — , 

E^ F , 

Supervisors of the town of . 



Note. — The certificate of the action of town boards of supervisors in 
locating and establishing an addition to a schoolhouse site will be 
the same as above, except that in the second line, after the word "es- 
tablished," the word "a" will be omitted, and the words "an addition 
to the" will be inserted; and the last two lines will be made to read 
"taken for said addition to said schoolhouse site." 

Duplicates of the above certificates must be made out, and one of 
them must be delivered to the owner or occupant of the land taken, 
and the other to the district clerk of the district, who must have the 
same recorded in the office of the register of deeds of the county in 
which the site is situated. 



No. 36, 



Form of certificate of the sheriff of a vacancy in the office of 
county superintendent of schools. 

To — , State Superintendent : 

Sir: — I hereby certify that vacancy in the office of county 
superintendent of schools for • county, Wisconsin, oc- 
curred on the day of , 19 — , by [here state the 

cause of the vacancy, whether by death, resignation, removal 
from the county, or the removal from office of the incumbent]. 

Given under my hand and seal of office, this day of 

-, 19—. 

(Signed) A ■ B , 

Sheriff of ' County, Wisconsin. 



330 



SCHOOL LAWS OF WISCONSIN. 



No. 37. 

Form of a certificate of a county clerk, of ilie division of a 
county into two superintendent districts, and of a conse- 
quent vacancy in the office of county superintendent of 
schools. 

To ■ , State Superintendent : 

Sir : — I hereby certify that on the day of , 19 — , 



the board of supervisors of the county of , divided said 

county into two superintendent districts; that they have de- 
termined that the present county superintendent shall have 
jurisdiction of district No. — , and that district No. ■ — , there- 
fore remains vacant. 

Given under my hand and seal of office, this day of 

, 19-. 

(Signed) A • B , 

County Clerk of County, Wisconsin. 



No. 38. 

Form of statement of niomber of children of school age in a 
county, made hy county superintendent for county treas- 
urer, and county clerk. 



To A- 



B- 



-, treasurer [or, clerk] of the county of 



Sir: — The following is the number of children over the age 
of four and under the age of tAventy years, in those districts of 
the several towns in this county [or superintendent district as 
the case may be] which have maintained school for six or more 
months the past school year, as returned to me by the town 
clerks : 



Town. 


Number of Children. 


Town. 


Number of Children. 


A 




D 




B 




E 




c 




F 













Dated this fifteenth day of August, 19 — . 

(Signed) G H- 



County Superintendent of Schools for 



County. 



Noa'E. — The above statement must be filed with the county treasurer 
find county clerk on or before the fifteenth day of August in each year- 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 331 



No. 39. 

Form of notices to teacher and district clerk of the intention of 
the county superintendent to annul said teacher's certif- 
icate. 

To A B , teacher in school-district No. — , town of 



Sir: — Yon are hereby notified that it is my intention to 
annul the certificate of qnalifieation now held by you as a 
teacher. 

(Signed) B B , 

Comity Superintendent of Schools for • County. . 

To E F , clerk of school-district No. — , of the 

town of : 

Sir: — You are hereby notified that it is my intention to 

annul the certificate of qualification held by , 

now employed in teaching in your district. 

Dated this ■ day of , 19 — . 

(Signed) B B , 



County Superintendent of ScJiools for • County. 

Note. — The above notices must be served -upon the teacher and dis- 
trict clerk at least ten days before the certificate is annulled. 



No. 40. 



Form of annulment of teacher's certificate and noiice to town 

clerk. 

To A B : 



Sir: — The certificate of qualification held by you as a com- 
mon school-teacher in the county [or superintendent district or 

town] of , issued on or about the day of , 

18 — , is hereby annulled. 

Dated this day of , 19 — . 

(Signed) C D , 

County Superintendent of Schools for County. 

Note. — -The above annulment will not take effect until the following 
notice has been filed with the town clerk of the town in which the 
teacher whose certificate is annulled is engaged in teaching. 



332 SCHOOL LAWS OF WISCONSIN. 
To the town clerk of the town of : 



Sir: — You are hereby notified that on the day of 

A. D. 19- — , I annulled the certificate of qualification 



held by A B , a teacher of your town, for the rea- 
son that in my opinion, the said A B does not 

possess the requisite qualifications as a teacher in respect to 
[moral character, learning or ability to teach, as the case may 
be]. 

Dated this day of , 19 — , 

(Signed) C ^ D , 

County Superintendent of ScJiools for the 

County of . 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 333 



APPLICATION FOR DICTIONARIES, 



No. 41. 

Form of application for first supply of a scliool-district. 

State of Wisconsin, County of , ss: 

■ - ■ ■ - — —— , being duly sworn, deposes and says that dis- 
trict No. — , in the town of - - ■ ■ ■ , county of , has never 

been supplied with Webster's International Dictionary, by the 
state, as provided by law. 



District Clerk. 
Post office 



Subscribed and sworn to before me this day of 

19.— 



Send by express to , care of — ■. 

Note. — The dictionary formerly known as "Webster's Unabridged 
Dictionary" is now known as "Webster's International Dictionary." 
No district heretofore supplied with a dictionary under the former 
title will be entitled to a dictionary for re-supply free of charge under 
the present title. See section 509. 



No. 42. 

Form of application for siipxply of additional departments. 

State of Wisconsin, • ■ County, ss. 

' ■ , being duly sworn, deposes and says that the 

following department— in district No. — , in the — — of 

, in the county of , ha — • never been furnished with 

Webster's International Dictionary by the state, as provided 



334 SCHOOL LAWS OF WISCONSIN. 

for by law; department— unsupplied, ; department- 

lieretofore supplied, . 



District Clerk 
Post office 



Subscribed and sworn to before me this day of — 

19.— 



Send by express to , care of 



No. 43. 



Form of application for supply of additional departments in 

cities. 

State of WiscoNsiisr, County, ss. 

, being duly sworn, deposes and says that the 

public schools in the city of , county of , embrace 

distinct departments, in as many different rooms (not 

including recitation rooms), under different teachers, and that 
the following departments in said schools have never been sup- 
plied with Webster's International Dictionary, as provided by 
law: 



Depailments unsupplied. 



Departments heretofore supplied. 



City Surperintendent. 

Subscribed and sworn to before me this day of 

19.— 



Send by express to , care of , 



FORMS FOR USF OF TOWN AND SCHOOL OFFICERS. 335 

No. 44. 

Form of application for dictionaries hy the secretary of a town 

hoard. 

State of Wisconsin, County of , ss. 

, being duly sworn, deposes and says that the 

following subdistrict — ;, in the town of , county of • — ■ 

ha — never been supplied with Webster's International Dic- 
tionary, as provided by law, subdistricts unsupplied, ; 

subdistricts heretofore supplied . 



Secretary of Town Board of Directors, 

Post office 



Subscribed and sworn to before me this day of 

19.— 



Send by express to , care of . 



No. 45. 



Form of applicationi for re-supply, ivJien dictionary previously 
furnished is lost. ■ 

State of Wisconsin, ■ County, ss. 

■, being duly sworn,' deposes and says that dis- 
trict No. — , in the town of , county of , has lost 

by , the cOpy of Webster's International Dictionary 

heretofore furnished to said district by the state. 



District Clerk. 
Post office, 

Subscribed and SAvorn to before me this day of 

19.— 



Send by express to • , care of ■ . 

Note. — The price of the dictionary must accompany the application. 



336 SCHOOL LAWS OF WISCONSIN. 



No. 46. 



Form of application for re-supply, when dictionary previously 
furnished is ivorn out. 

Statu of Wisconsin, — — ^ County, ss. 

' - ', being duly sworn, deposes and says that the 

dictionary heretofore furnished to district No, — , in town of 
- , county of -— , is so worn out as to be unfit .for use. 



District Clerk. 



Subscribed and sworn to before me this day of 

19.— 



Send by express to , care of . 

The last two forms above can be altered to meet cifcumstancea, in 
case the application for a re-supply is for a graded school in a city 
or village. 

Dictionaries are not furnished free for a re-supply, but at the cost to 
the state, viz.: Indexed, $7.00. The money, or a money order, or a 
draft must in all cases accompany the application. It is better to send 
a money order or draft, as the state is not responsible if the money 
is lost. 

Applications for dictionaries must be made by the district clerk, the 
secretary of the town board, or the superintendent of the schools in a 
city or incorporated village, and the post office of the applicant should 
be given as well as the nearest express station. Dictionaries cannot 
be sent by mail. 



FORMS FOR USB OF TOWN AND SCHOOL OFFICERS. 337 



FREE HIGH SCHOOLS. 



No. 48. 

Form of resolution proposing establisJiment of a high school. 

In order that the question of establishing and maintaining a 
high school in the town of ■ may be submitted to the elect- 
ors thereof for determination, the foUoAving resolution is hereby 
proposed for adoption : 

Resolved, by the town board of the town of , That a 

high school be established and maintained in said town. The 
town clerk is directed to give notice that said resolution will be 
submitted to a vote at the annual town meeting (or, general 

election) to be held in said town on the ^ day of , 

19—, (or, at a special meeting or election to be held on the 

— — - day of — , 19 — , which the town clerk is hereby 

required to call upon due notice). 

Dated this — - — — day of — ■ — —, 19 — ^. 

(Signatures of Board,) 



No. 49. 



Form of notice that foregoing resolution will he submitted to 

vote. 

Notice is hereby given to the electors of the town of — , 



in the county of , that at a special election which is 

hereby, called (or at the annual town meeting or general elec- 
tion) to be held in said town on the day of , 19 — , 

the following resolution will be submitted to the vote of said 
electors: 

Resolved, etc. [as in the foregoing] ; and that at said elec- 
tion members of the high school board will be chosen, to take 



338 SCHOOL LAWS OP WISCONSIN. 

their offices if said resolution be adopted, the clerk for one year, 
the treasurer for two years, and the director for three years; 
their respective terms of office beginning with the annual town 
meeting. 

Dated this' day of , 19 — •. . 

(Signed) , Town Clerk. 

Note. — The above forms may be used with the proper changes, in the 
case of incorporated villages, or graded school districts, the c^ll and 
notice to be signed by the village or district clerk. 

In case the call is for special school-district meeting, it must be 
signed by at least five legal voters of the district, and the notice given 
at least six days before the time appointed. 



No. 50. 



Form of certificate to he forwarded to the state superintendent 
to secure participation in apportionment' to free Mgh 
schools. 

This may certify that on the day of , 19 — , the 

legal voters of the town of • [or towns of , where 

two or more towns unite, or of school-district No. • — ■, town of 

■ , where vote is by a school-district, or city, or village] 

adopted a resolution to establish and maintain a free high 
school in said town (or towns, or school-district), and the per- 
sons whose names are hereunto appended have been duly elected 
to the office appended to their names, respectively. "We further 
certify that no (or one or more) graded school exists in said 

• of ■ ■. The course of study adopted by said high 

school board for said high school is herewith submitted for 
the approval of the state superintendent, and the names and 

examination papers of , pupils prepared to enter said 

high school, who are residents of said town (or towns, or school- 
district) of , are herewith forwarded for inspection. The 

examination of these pupils was held on the day of 

, 19 — , and was conducted by . 

Dated at , this day of , 19 — ■. 

, Director, 

, Clerk, 

, Treasurer. 

Note. — With this certificate the examination papers of at least twenty- 
five pupils, residents of the high school-district, should be foi'warded. 
The character and scope of these examinations are commented upon 
in the high school pamphlet. 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 339 



TOWNSHIP SYSTEM OF SCHOOLS. 



No. 51. 

Form of petition. 



To M S , Town Clerl^: 

The undersigned electors of the town of , hereby peti- 
tion that the question of township school government in said 
town may be submitted to the electors thereof, at the ensuing 
annual town meeting (or, general election). 

Dated this day of , 19- — . 

(Signed) — , 



Note. — The petition is to be signed by at least ten electors of tlie 
town. 



No. 52. 

Form of notice to he given hy toivn clerk. 

Notice is hereby given at the annual town meeting (or, gen- 
eral election), to be held in said town of ■ , on the 

day of , 19 — , the question of township school govern- 
ment in said town will be submitted to the electors thereof, a 
petition therefor having been presented to me signed by ten 
electors of said town. 

Dated this day of , 19 — . 

(Signed) , Town Clerk. 



340 SCHOOL LAWS OP WISCONSIN. 



No. 53. 



Notice to parent or guardian to send child to school under the 
provisions of Chapter 446, Laws of 1907. 

State of Wisconsin^, County of — • , ss. 

The State of Wisconsin to 

You are hereby and herewith commanded to cause to be sent 
and to send regularly to some public, parochial or private school 



(Names of children) 
of whom you have the legal control within five days from the 
day of personal service of this notice, or if this notice is sent 
or served by registered mail, within five days from the day 
that it was deposited in the post office addressed to you, the 
child (or children) named above being between the ages of 
seven and fourteen years (or between the ages of fourteen and 
sixteen years and not regularly or lawfully employed as pro- 
vided in Chapter 523, Laws of 1907). And upon your failure 
to comply with this notice, you will be dealt with according to 
law. 

Given under my hand at this 

day of ' 19.... 



Sheriff, Deputy Sheriff or Truant Officer 
of County, Wisconsin. 

For your convenience and to enable you to immediately de- 
termine your duties, responsibilities and liabilities under this 
chapter 446, certain parts of said chapter are printed here. 

Section 439a. Any person having under his control any 
child between the ages of seven and fourteen years, or any 
child between the ages of fourteen and sixteen years not reg- 
ularly and lawfully employed in any useful employment or 
service at home or elsewhere, as provided by chapter 349 of the 
laws of 1903, shall cause such child to be enrolled in and to 
attend some public, parochial or private school regularly (reg- 
ular attendance for the purpose of this statute shall be an at- 
tendance of twenty days in each school month, unless the child 
can furnish some legal excuse), in cities of the first class dur- 
ing the full period and hours of the calendar year (religious 
holidays excepted) that the public, parochial or private school 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 341 

in which such child is enrolled may be in session; in all other 
cities not less than eight school months; and in towns and vil- 
lages not less than six school months in each year, and all chil- 
dren subject to the provisions of this act shall be enrolled in 
some public, parochial or private school within one school month 
after the commencement of the school term in the district in 
which such children reside, except that in cities of the first 
class such children shall be enrolled at the time of the opening 
of the school which they will attend (and the word "term," 
for the purposes of this act, shall be construed to mean the 
entire time that school is maintained du.ring the school year) ; 
provided that this section shall not apply to any child not in 
proper physical or mental condition to attend school, who shall 
present the certificate of a reputable physician in general prac- 
tice to that effect, nor to any child who lives in country districts 
more than two miles by the nearest traveled road from the 
school house in the district where such child resides; provided 
that if transportation is furnished by the district this exemp- 
tion as to distance shall not apply, nor shall this section apply 
to any child who shall have completed the course of study for 
the common schools of this state or the first eight grades of 
work as taught in state graded or other graded schools of Wis- 
consin, and can furnish the proper diploma, certificate or cre- 
dential showing that he has completed one of said courses of 
study, or its equivalent. Instruction during the required period 
elsewhere than at school, by a teacher or instructor selected by 
the person having control of such child shall be equivalent to 
school attendance, provided that such instruction received else- 
where than in school be at least substantially equivalent to in- 
struction given to children of like ages in the public, parochial 
or private school where such children reside. Any person who 
shall violate the provisions of this section shall upon conviction 
thereof, be punished by a fine of not less than five dollars nor 
more than fifty dollars, together with costs of prosecution or 
by imprisonment in the county jail not exceeding three months, 
or by both such fine and imprisonment in the discretion of the 
court, for each offpnse. It shall be the duty of the district at- 
torney and his assistants to prosecute in the name of the state 
all violations of the provisions of this section. Any person 
who shall be proceeded against under the provisions of this 
section may prove in defense that he is unable to compel the 
child under his control to attend school or to work, and he shall 
be thereupon discharged from liability, and such child shall be 
proceeded against as incorrigible, or otherwise, according to 



342 SCHOOL LAWS OF WISCONSIN. 

law, and in case of commitment, if the parents or person having 
control of such child desire it, such child shall be committed to 
a school or association controlled by persons of the same reli- 
gious faith as such child, which is willing and able to receive 
and maintain it without compensation from the public treasury. 
When in any proceedings under this section there is any doubt 
as to the age of any child, a verified baptismal certificate or a 
duly attested birth certificate shall be produced and filed in 
court. In case such certificates cannot be secured upon proof 
of such fact, the record of age stated in the first school enroll- 
ment of such child or first school enrollment to be found shall 
be admissible as evidence thereof. 



No. 54. 



Form of application for special state aid as provided for in 
chapter 600, laws of i907, to l)e made hy the county or dis- 
trict superintendent to the school officers of the district. 

Wis., 19 ... . 

To 



County (or District) Superintendent of Scliools for 

County, State of Wisconsin. 

Dear Sir: 

District No , of the Town (or towns) of 

County of , State of Wisconsin, hereby makes 

application for special state aid according to the provisions of 
Chapter 600, Laws of 1907, and requests your approval of this 
application. 

We, the undersigned members of the school board of the above 
designated school district, being duly sworn, depose and say, 
each for himself and as a board, that the district has fully com- 
plied with all the provisions of Chapter 600, Laws of 1907, and 
with the requirements of the state superintendent as outlined 
in a department circular under date of August 10, 1907, inas- 
much as they have maintained an efficient school for the year 
ending June 30, 19 .... ; maintained the grounds and school 

building in good condition, furnished first, 

second and third supplementary readers, 

maps, globes, chalk and erasers, installed 

an edequate iind satisfactory heating and ventilating system, 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 343 

and maintained the outbuildings according to the provisions of 
Chapter 232, Laws of 1907. 

P. 

Director (or President). 

P. 

Clerk (or Secretary). 

P. 

Treasurer (or Vice-president). 

Personally appeared before me the above named 

and made oath that the above statements are true 

according to their best knowledge and belief 

Important: This application should be sent to the County Superin- 
tendent between the fifteenth day of July and the first day of August 
and must be signed by the school officials in office at the time the re- 
port is made. 



No. 55. 



Form of inspection report to he made hy the county or district 
superintendent of schools to the state superintendent under 
the provisions of chapter 600, laws of 1907. 

District No , of the town (or towns) of 

County of 

Dates of inspection ; hours spent A. M ; P. M. 

. . . . ; No. enrolled . . . . , No. present 

1. The teacher: 

Grade of certificate ; experience ; weeks at- 
tendance at institute ; interest in work ; 

efficiency: poor, fair, good, excellent. (Underline one 
word. ) 
Discipline ; conduct of recitation ; assign- 
ment of lessons ; spirit of school ; busi- 
ness efficiency of school Are pupils held to 

definite results? Is register properly kept? 



(Use words poor, fair, good, excellent, where these words will apply.) 

2. General condition of grounds 

3. General condition of building 

a. The floor ; the doors ; the windows 

; the walls and ceiling ; the woodwork 

; the shades ; the entry ; the cloak 

room ; the general appearance of room 

23— S. L. 



344 SCHOOL LAWS OF WISCONSIN. 

b. Condition of equipment: The seats and desks ; 

the blackboards ; the library books ; sup- 
plementary readers ; maps ; apparatus 



Is the school supplied with the minimum equipment of 

1. Supplementary : Primers ; first readers ; sec- 
ond readers ; third readers 

Dictionaries : Academic ; international ; maps 

; globes ; No. of square feet of blackboard 

; height from the floor ; materials for busy 

work ; chalk and erasers ; library ease 

; card catalog 

Is there an adequate and proper system of heating and ven- 
tilation? 

Does it work satisfactorily ? If home made, does it 

comply with specifications of department circular of 
August 10, 1907 ? 

Name of system 

Inside measurement of chimney ; size of fresh air in- 
take ; size of foul air outlet ; size of firepot 

; size of room ; length ; breadth 

; height 

Does the construction and location of the outhouses comply 
with the provisions of Chapter 232, Laws of 1907? 

Remarks : 

Make draft payable to Treasurer of 

P. Wis. 



To the State Superintendent: 

I, the undersigned, county (or district) superintendent of 

schools for the county (or district) of , State of 

Wisconsin, do hereby recommend that the attached application 

of district No . ., Town (or towns of , County of 

for special state aid be granted, said district having fully com- 
plied with the provisions of Chapter 600, Laws of 1907. This 
recommendation is made upon the basis of the inspection (or 
spections) of the school during the school year closing June 30, 
19. ., as specified in detail in this report. 

Date . , . , 



County (or District) Superintendent, 



RURAL SCIHiOOLS, 345 



Rural Schools — Special State Aid. 



(Chapter 553, Laws of 1907.) Section 496q. Wlienever the 
electors of any rural school district or sub -district shall direct 
the board to close the district or sub-district school and provide 
transportation and tuition for all persons of school age who may- 
attend such state graded school or the grades below the high 
school in the free high school district, each such rural district or 
sub-district shall receive special aid in the sum of seventy-five 
dollars annually upon complying with the following conditions : 

(1) Transportation shall be provided for at least thirty-two 
weeks, including legal holidays. 

(2) The average daily attendance of the pupils transported 
from any district or sub-district to any state graded school or 
free high school district, under the provisions of this act shall 
be eighty per cent, of the entire number enrolled for transporta- 
tion during each term of school. 

(3) Each driver contracted with shall be of excellent moral 
character, trustworthy and responsible, and shall furnish a 
safe team with a suitable and comfortable conveyance, well sup- 
plied with protections against stormy and inclement weather. 

(4) The clerks of each district or sub-district taking advant- 
age of this act shall make a special report to the state superin- 
tendent of public instruction showing that the above conditions 
have been complied with. 

Section 49 6r. The school district board shall embody in the 
notices of every annual or special meeting at which any or all 
of the above matters are to be considered, a statement to that 
effect, that the question of transportation of children will 
be voted upon, said notices to be posted as provided for in 
sections 426 and 427 of the statutes. 

Section 496s. The sum of five thousand dollars is herehy 
appropriated annually from the general fund of the state treaS' 



346 SiOHDOL LAWS OP WISCONISIN. 

ury to enable the state superintendent to meet the provisions of 
this act; the above sum, or so much of it as may be necessary, 
to be apportioned in a special apportionment on or before the 
first of November of each year. 

Section 496t. Each district taking advantage of this act, 
shall receive the same apportionment of the state and other 
taxes as provided by law, as would have been received had the 
school been maintained in the district. 

Rural school inspector. (Chapter 499, Laws of 1905.) 
Section 1. The state superintendent is hereby authorized to 
appoint a competent and suitable person as an inspector of rural 
schools. It shall be the duty of said inspector to visit and in- 
spect, as far as practicable, the rural schools of each county in 
the state and to procure information concerning the rural school 
districts. This inspector shall assist the state superintendent 
in preparing such special reports to the governor and legislature, 
bearing upon the conditions and needs of rural schools as may 
be advisable. It shall also be the duty of this inspector to con- 
fer with each county or district superintendent concerning the 
condition of the schools in his county or district ; to consult with 
school officers, patrons and teachers in regard to school manage- 
ment, discipline, branches of study, school law and school sanita- 
tion and by public lectures, conferences and meetings endeavo'r 
to arouse an intelligent interest in industrial and agricultural 
education, as well as in the usual routine work of the elementary 
rural school. The inspector provided for by this chapter shall 
work under the direction of the state superintendent and shall 
report to him as often as may be deemed necessary, concerning 
the conditions found in the schools and districts inspected and 
of the work done in the discharge of his duties. When the 
rural schools are not in session, said inspector shall be assigned 
to other duties by the state superintendent. 

Section 2. The inspector of rural schools shall receive as an 
annual salary $2,250 and shall be reimbursed for all actual 
and necessary traveling expenses when duly certified by the 
state superintendent. Such salary and expenses shall be paid 
out of the appropriation to the common school fund income 
provided for in chapter 313 of the laws of 1903. 



INDEX. 



ACADEMIES— Page 

incorporated to report to state superintendent 282 

ACCEPTANCE — 

must be in writing and filed with tlie district clerk 4 

of district ofiice by two officers necessary to organization of district 4 

of scliool district ofiQce 35 

ACCOUNT — 

of district board for expenses to be presented to district meeting 

for allowance 41 

of school board to be examined 20 

of district treasurer — to be examined 11 

to be kept by the district treasurer , 65 

of town board of school directors — to be examined 182 

of state university to be examined 229 

of state normal schools to be examined 220 

"actions— 

against county superintendent for neglect to make report 265 

against county treasurer, by town treasurer 115 

against district clerk for neglect to make report 265 

against district treasurer, by director 64 

against town clerk for neglect to make report 265 

against town treasurer, by district treasurer 67 

director to appear in, for district 64 

director to commence, on treasurer's bond 64 

may be brought by an elector in certain cases. 54, 267 

to be brought by chairman or director of board of education 64 

to be brought for recovery of forfeitures by director — by the treas- 
urer 266 

to be brought by truant officer 55 

to be brought under the compulsory law 51, 55 

ADJOURNMENT— 

of school district meeting, notice of, when for a longer time than 

one month 12 

of school district meeting from time to time either annual or special 18 

ADMISSION— 

of non-resident pupils to county training schools for teachers 200 

of non-residents to free high school 153 

of pupils from other districts. . . . v 24, 26-27, 280 

of persons over twenty into public schools 24, 49 



348 INDEX. 

AFFIDAVIT— Page 

must accompany appeals 1 144, 263, 261-262 

must accompanj- statement of county superintendent to county 

clerk 104 

must accompany applications for aid to state graded schools 174 

■ must accompany application for aid to union free high schools. . . . 171 
must be made by county superintendent to statement of number of 

teachers 101 

must be made to application for dictionaries 272 

must be made to high school report for aid 159 

must be made to statement of high school tuition . . ; . 154-156 

of district clerk to be attached to his annual report 108 

to statement of taxes voted 119, 143 

AGE OF CHILDREN— 

entitled to attend school free 108, 295 

must be taken and included in the census 108-109, 111-112 

AID— 

state, for instruction of deaf mutes 206 

state, to county training schools 198 

state, to graded schools 174 

state, to manual training departments 162-163 

state, to free high schools 148-149 

state, to schools of agriculture and domestic, economy 203 

state, to union free high school 171 

state, to first class rural schools 177 

state, to mining trade schools 216 

state, to day schools for the deaf 206 

, state, to day schools for the blind 208 

ALTERATION— 

of proceedings of district meetings 28 

AGRICULTURE— 

schools of agriculture — how established 202 

teachers to be examined in elements of 71 

to be taught in common schools , 68 

AGRICULTURE AND DOMESTIC ECONOMY— 

boards provided for 203 

county superintendent to be secretary of board 203 

county treasurer to be treasurer of board 204 

inspection of schools 205 

schools, how established 202 

state aid to 203 

shall be free to residents of the county 205 

two counties may unite in establishing schools of 204 

ALTERATION OF SCHOOL DISTRICTS— 

appeal may be taken from action of supervisors, etc 260 

in town and village 9-10 

notice of meeting of supervisors to consider 5 

notice of, to be filed with town clerk and district clerk 6 

not to take effect between the first day of December and the first 

day of April following 6 

of joint districts, how made 3, 7, 8 

of joint districts, embracing villages and cities 9-10 



INDEX. 349 

ALTERATION OF SCHOOL DISTRICTS— continued Page 

of sub-districts, how made 180-184 

return of service of notice to be filed witli town and village clerlis 6 

to be made by town board of supervisors 1-2 

when consent of land commissioners necessary 129 

AMENDMENTS— 

to laws, furnished to school districts 113 

ANNUAL DISTRICT MEETING — 

of board of education in cities of the first class 237 

of board of education in other cities 255 

may vote to adopt free text books 30 

may vote to establish kindergartens 30 

may vote to close school, pay tuition, transport pupils, etc 26-28-183 

may elect school board of seven members 19-20 

may designate school house site 21 

may vote tax for buildings, sites, repairs, fuel, etc., 22-183-186 

may vote tax for teachers wages 22-186 

may vote tax for paying for bond of treasurer when furnished by 

surety company 23 

may vote tax for blackboards, maps, etc 23-186 

may vote to change from board of seven members to three members 31 

may authorize the board to borrow money 121 

(See Borrowing Money) 24-121, 122-127 

must elect officers by ballot 18 

must provide for additional room and teacher in certain cases .... 26 

must appoint auditing committee 20-182 

notice for, how given 12 

order of conducting business of the meeting 31-34 

proceedings on challenge . . 16-17 

qualifications of voters 13-14-15 

to adjourn from time to time 18 

to determine length of time school shall be taught 25 

vote tax to compensate clerk, director and treasurer 28, 182 

when to be held 11 

who may vote 13 

women may vote 14 

ANNUAL REPORT— 

of auditing committee, — district system 20 

of auditing committee, — township' system. ... 1 182 

board of regents of the state normal schools 224 

board of regents of the University 227 

of city superintendent 113 

of city clerk 113 

of clerk of board of education 112 

of clerk or secretary of board of day schools for the blind 208 

of clerk or secretary of board of day schools for the deaf 206 

of clerk of free high school board — manual training 162 

of clerk of free high school board 152 

of county superintendent 104-106, 112 

of district clerk 108-110 

of district treasurer 65 

of secretary of town board of school directors 185 

of secretary of country training school board 195 

of secretary of county school of agriculture 203 

of sub-district clerk 190 

of town clerk Ill 

of union free high school board, to report to annual meeting 169 

of village clerk 112 



350 INDMX. 

ANNULMENT— Page 

notice thereof to be filed with town and district clerk 79 

of teacher's certificate by county superintendent 79, 98 

of teacher's state certificate by state superintendent 84 

of teacher's certificates by city superintendent 79 

APPARATUS — 

accounts for — to be voted upon at school meeting 41 

amount expended by board limited to 100 dollars 41 

purchase of, by town board of school directors 183-18* 

purchase of, by district board 40-41, 45 

purchase of to be approved by school board at full meeting 41 

tax to be voted for 22-23 

to be approved by state or county superintendent 41 



APPEALS — 

decisions to be made within thirty days after the hearing thereof 

is closed 260 

effect of, from judgment against district 144 

from action of supervisors in condemning school site 132 

from decision of school district board 260' 

from refusal of county superintendent to grant certificate may be 

taken by applicant 76, 260-263 

may be taken by persons aggrieved by supervisors altering districts 260 

no reversal of decision rendered after thirty days 260 

rules respecting 260-261-262-263 

APPENDAGES— 

board to provide for the school house 40-41-42, 45, 184 

APPLICANTS— 

examination of by county superintendent for teachers' certificates. . 71 

examination of by board of examiners for state certificates 80 

for certificates and licenses granted upon graduation from univer- 
sities, colleges, normal schools, kindergarten training schools, 
manual training and domestic science departments (See Certifi- 
cates) 81-85, 87-88 



APPLICATION— 

for aid to first class rural schools 178 

for aid to state graded schools 173 

for aid to county training schools 197 

for aid to free high schools 147 

for aid to agricultural schools 202 

for loan by school district 123-124, 125-126 

of interest on school fund 294 

of money from state apportionment 299 

of money for schools in township system 183 

of money received on division of district 9 

of money for aid to deaf schools 206-207 

APPOINTMENT— 

of boards of education in cities.' 234, 251 

of city superintendents 94 

of truant officers 52 

of sub-district clerks 191 

to fill vacancy on school board 37 



INDEX. 351 

APPORTIONMENT — Page 

correction of 298 

of aid to county agricultural schools 203 

of aid to day schools for the deaf 206 

of aid to day schools for the blind 208 

of aid to first class rural schools 177 

of aid to manual training departments 163 

of aid to state mining schools 216 

of taxes to free high school 157 

of school fund by state superintendent. . 296-297, 300, 304 

of school fund income, notice of 297 

of school money by town clerk 114 

supplementary, to free high schools 160 

to free high schools may be withheld 159 

to high school districts 148-149, 159 

to union free high schools 171 



APPROVAL— 

by city council of change of text books in cities 63 

of treasurer's bond by clerk and director 65 

of application for special aid to first class rural schools 178 

of course of study in manual training department 163 

of courses of study in county training schools for teachers by state 

superintendent 197 

of courses of study and qualifications of teachers in county schools 

of agriculture 202 

of plan for schoolhouses 284 

of qualifications of teachers in free high schools 153 

of qualifications of teachers in union free high schools 171 

of school apparatus 40-41 

of standard of attainment, fixed by county superintendent for 

teachers' certificates 75 

of teachers' qualifications — special branches 79 

of teachers' qualifications in county training schools 197 



ARBOR AND BIRD DAY — 

how proclaimed 274 

pamphlets published 304 

ASSESSMENT— 

compensation to assessors 117 

in joint district 117 

of district taxes 117-120 



ATTAINMENTS — 

approved by the state superintendent '...... 75 

standard of, to be established by county superintendent 75 

ATTENDANCE — 

at city superintendents' convention 95 

at county superintendents' convention 103 

-- at school 50 

compulsory, between the ages of seven and fourteen 50-56 

of teachers at teachers' association 90 

on institute by teacher, without deduction from wages 90 

state graded schools 172 

school oflicers, at school board convention lOS 



352 INDECX. . 

BLACKBOARDS— Page 

board to purchase — SO square feet 40-42 

tax for purchase of 23 

BLANKS— 

for reports to be furnished by state superintendent ,113 

for reports of attendance of pupils 53-54 



BOARD- 



(See Board of Education.) 

(See Board of County Training Schools for Teachers.) 

(See County Board of Supervisors.) 

(See District Board.) 

(See Town Board of Directors.) 

(See Town Board of Supervisors.) 

(See Trade School Board.) 

(See Trade Mining School.) 

(Board of Examiners.) 



BOARD OF EDUCATION— CITIES OP THE FIRST CLASS (MILWAUKEE). 
Common and high school boards in cities of the first class — to take 
oath of office — when elected — when to meet — number of mem- 
bers on board — length of term — vacancies — how filled — mem- 
bers, how nominated — may be removed from office — quorum — 
duties and powers — duties of the secretary — board to report to 
the common council — no member to be interested in any sale 
or purchase of real or personal property by the city — to provide 
school buildings when approved by city council, etc., etc., etc. 234-246 



BOARD OF EXAMINERS— 

compensation of memliers 81 

may recommend the issuance of special licenses in certain cases . . . 82-83 
may recommend recognition of kindergarten certificates and di- 
plomas in certain cases 85-86 

may recommend recognition of manual training and domestic sci- 
ence certificates and diplomas in certain cases 87-88 

may recommend the state sup'erintendcnt to grant special licenses 

in certain cases 88 

meetings, when, wlaere 80 

payment of expenses in conducting county superintendent's exami- 
nation 107 

shall be appointed by state superintendent 80 

shall examine applicants for county ' superintendents' certificates.. 106 

shall recommend recognition of certificates granted by other states 81 

shall recommend the issuance of state certificates based on diplomas 83 



BOARD OF REGENTS OF NORMAL SCHOOLS— 

accounts — how made 220 

compensation of 219 

incorporation and organization 217 

meeting — quorum 218 

officers of 218 

powers of ' 217, 221-222 

removal of, disqualification of officers 218 

report 224 

shall cause accounts to be examined 220 

their terms and vacancies , . ; , glj 



INDEX. 353 



BOARD OF REGENTS OP UNIVERSITY — Page 

accounts against 228 

duties of 226 

expenses of 233 

incorporation and organization of 225 

may accept gifts and donations to university 280 

may maintain summer school 233 

meetings of — quorum 226 

officers and powers of 225 

reports of 227 

siaall cause accounts to be examined 229 

BOARD OF EDUCATION IN CITIES UNDER GENERAL CHARTER LAW — 

annual meeting of board — wben held — powers of board 256-257 

ballots — how printed — vote — how taken 253 

board — when appointed by mayor to consist of one commissioner 

from each ward and three at large 253 

Doard — when elected by the people 253 

change from city system to common district system — how made. . . 255 

duty of city clerk to ascertain tax rate and notify proper officers. . . 254 

duty of treasurer to collect tax 255 

duties of common council and board of public works 258 

election of officers 256 

monthly and special meetings 257 

S|Chool buildings — estimate of expenses 257 

schools — how supported — what property to be taxed 254 

vacancies — how filled 254 

women on school boards 259 

BOND— 

of county superintendent 96 

of district treasurer 64-65 

of treasurer of free high school board 152 

of treasurer of union high school board 171 

to cover lease of site 134 

United States bonds, school funds may be invested in 275 

BOOKS— 

dealer who furnishes library books to be selected by committee. . . . 140 

register, to be furnished by district clerk 67, 90, 186 

records and other purposes, to be purchased by district board 41 

to be furnished to indigent pupils 41 

text, adopted by boards of education 62 

text, may be purchased by district board 25 

text, purchased by city boards of education 63 

text, to be determined by district board 62 

vote on free text books 30 

BORROWING MONEY — 

authority to be given by electors 121 

application for loan must be made at regular board meeting (note) 36 

applications for loans from trust funds 125 

by ordinary school district 24 

for teachers' wages 123 

for building school house 121 

for refunding indebtedness 122 

for meeting unusual conditions 121 

for principal and interest on loans 121 

for what length of time borrowed 121-123-124 



354 INDEX. 

BORROWING MONEY — continued Page 

liability for loans from trust funds 129 

of free high school district 123 

payments — when made to trust funds 125 

, under township syste?m 125 

BRANCHES OP STUDY — 

additional, may be taught 69 

examination in, for county certificate 71-72-73 

examination in, for state certificate 80-81 

examination in additional, for county certificate 74-75 

for kindergarten county certificate 86 

BULLETINS— 

farm institutes — how distributed 141 



CADETS— MILITARY SCHOOLS OR DEPARTMENTS— 

graduates, rank of 283 

inspection of 288 

inspection ofiicer, report of 283 

inspection, suspension from 283 



CERTIFICATE— 

branches required 71, 73 

certificate of amount due free high school to be made to secretary 

by state superintendent 148 

county superintendent's, provided for 106 

diplomas of graduates of state normal schools, Milwaukee high 
school, state university and other colleges converted into teach- 
ers' state certificates 81-89 

duration of county certificates 71-73 

first grade, what studies applicants for, must be examined in. .... . 71-73 

foreign, may be recognized 83-84 

limitations 71-73 

manual training, domestic science 87-88 

may be granted on transferred papers 75 

of graduates of free high schools may be countersigned and have 

force of first grade certificates for five years 77 

of judgment against school district 143 

of land taken for school house site 132 

of qualification granted to teachers 71-89 

of town treasurer to district clerks of amounts paid to district 

treasurers 162 

of value of school house, etc 9 

second grade, what studies applicants for, must be examined in. . . . 71-72 

state, shall be recorded by state superintendent 80 

state superintendent shall issue to graduates of University of Wis- 
consin and Wisconsin normal schools 82-83 

state superintendent to grant, to teachers in manual training de- 
partments 162 

teachers,' duration of first and second grades extended 71-73 

teachers', how annulled 79-80, 84 

teachers', limited as to time and place 71-73 

teachers', standard of attainment required for 75-81 

teachers', state, conditions of 81-89 

teachers', transfer and renewal of 73-74 

teachers,' who not to have 71 



INDEX. 355 

CERTIFICATES — continued Page 

third grade, what studies applicants for, must be examined in 71 

three grades established 71 

to be granted to free high school teachers 160-161 

to graduates of county training schools 198-199 

CHALLENGE— 

of voters 16-18 

CHARGES— 

against teachers, made in writing 79 

CHILD LABOR LAW 56-61 

CHILDREN — 

crippled, to be admitted to state public school 281 

employment of 56-61 

of town or county poor, how educated 274 

to attend school free of tuition 24, 295 

to be enumerated in school census 108, 190 

truant, to be placed in school 55-56 

CITIES— 

clerk or clerk of board to report to county superintendent 112 

council to approve changes in textbooks 63 

districts lying in, how altered 9 

general charter law 251-259 

instruction of deaf children and blind children 206-208 

no part of city, to be embodied in new joint districts 9 

of the first class, school boards in 234-236 

of the first class, teachers' retirement fund 247-250 

CITY SUPERINTENDENT- 

duties of 94-96 

eligibility, qualifications required, how appointed 94-95 

not to engage in other business 94 

to attend convention 95 

to furnish information of blind or deaf persons 105 

to include statement of deaf and blind children report to county 

board 106 

to report to state superintendent 112 

CLAIMS— 

discounting of, by. public officer 269-270 

CLERK— 

(See District Clerk, Town Clerk.) 

COLLEGES— 

incorporated, to report to state superintendent 282 

COMMITTEE— 

executive committee of school directors 182, 184 

to examine accounts of school board 20-182 

to make contracts with firm or dealer for library books, periodicals, 

etc 140-141 

to require bond of successful bidder 140-141 

to be composed of state superintendent, attorney general and sec- 
retary of free library commission 140-141 



356 INDEK. 

COMMERCIAL SCHOOLS— ' Page 

state superintendent authorized to fix course of study in certain cases 275 

COMMON SCHOOLS — 

exercises in, must be conducted in tlie English language 68-69 

fund, how distributed 295-296-298-300 

government of • • . . 

no sectarian instruction to be allowed therein 295 

■ to be free to children of certain age 295 

to be maintained eight months in each year, or not share in fund. 296-297-299 
what shall be taught in 68-69 

COMPENSATION — 

of city superintendent 94 

of clerk, director and treasurer limited 28 

of county superintendents 96 

of county judge for services in removal of officer 267 

to land owners for school house site 132-133-134 

of members of board of examiners 81 

of members of the town board of school directors 181 

of normal school regents 219 

of president and vice-president of the executive committee 182 

of secretary of town board of directors 181-182 

of town clerks for distributing library books 139 

of truant officers 56 

of university regents 233 



COMPULSORY ATTENDANCE LAW — 

action brought in name of the state 51 

age of child — how determined 52 

amount of penalty for violation of attendance law 51 

children between 7 and 14 to attend school regularly 50 

children between 14 and 16 must attend school unless lawfully em- 
ployed 50 

children must attend some public, private or parochial school 50 

children to be enrolled at commencement of term in cities of first 

class 51 

children must be enrolled within one month after commencement of 

term in towns, villages and cities 51 

children who live more than two miles from school exempt from law 51 

children physically or mentally defective exempt from law 51 

children who have completed common school course exempt 51 

children who have completed eighth grade in village or city exempt 51 

children instructed properly elsewhere than at school exempt 51 

child may be proceeded against as incorrigible 52 

child may be committed to school of preferred religious faith 52 

conditions exempting children from provisions of attendance law.. 51 

complaint to be made to .justice of the peace or other officer 55 

clerk must deliver one copy of school census to teacher on opening 

school 53 

clerk must send one copy to the county or city superintendent on or 

before July 15th of each year 53 

clerk to report to two superintendents in certain cases 53 

clerk in cities having more than 2,000 population or more not re- 
quired to furnish copies of census 53 

clerks' offices to be open at all reasonable hours 53 

county superintendents to notify truant officers of cases of delin- 
quency 55 

county superintendent to keep record on file in his office 55 



INDEX. 357 

COMPULSORY ATTENDANCE LAW— continued Page 

county superintendent to require report from teachers 53 

distance from school does not exempt when transportation is pro- 
vided 51 

duties of school officers as to the school census 52 

duty of district attorney and assistants to prosecute in name of 

the state 51 

equivalency of instruction 51 

enrollment — when and for what length of time 51 

forfeiture may be sued for by voter 54 

incorrigibility may be set up as defense by parent 51 

liability of teachers for neglect to report and to keep records of at- 
tendance 54 

liability of parents 51 

liability of truant officers 269-270 

liability of other officers 54 

must attend full term in cities of the first class 50 

must attend regularly for at least 32 weeks in other cities 51 

must attend regularly for at least 24 weeks in villages and towns. . 51 

notice to parent by truant officer 55 

prosecution to be made by district attorney or assistant 51 

reports — to be made by teachers 54 

reports — to be made by superintendents 55 

reports — what to contain 53-55 

reports — to be made by school clerks 52 

sheriffs and deputy sheriffs to be truant officers in cities of less 

than 2,000, villages and towns 52 

sheriffs and deputies — how compensated as truant officers 56 

truant officer — how many in cities flrst class 52 

truant officers appointed in cities of 2,000 or more 52 

truant officer — duties of 52 

truant officers to proceed against delinquent parents or children... 52 

truant officers, who shall be in cities of less than 2,000 . 52 

truant officers in towns and villages 52 

truant officers to secure information from census reports 53 

truant officers to examine records in private and parochial schools. 53 
truant officers to be notified of truancy or irregular attendance... 54 
truant officers to receive reports from county and city superinten- 
dents 55 

truant officers to notify delinquent parents or guardians 55 

truant officers to make complaint against delinquent parents 55 

truant officers have power to apprehend without warrant 56 

truant officers to.be assisted by school officers, teachers, city and 

county superintendents and other persons 56 

teachers must report to proper superintendents 53 

teachers in high schools exempt from reporting" 53 

teachers in private and parochial schools may make reports 54 

teachers in cities of 2,000 or more not required to report. 54 

teachers in private and parochial schools shall keep a record of at- 
tendance 54 

teachers in private or parochial schools to furnish information 54 

teachers in private or parochial schools liable to penalty for failure 

to keep record 54 

voter may receive one-half the amount of forfeitures recovered. ... 55 



CONSTITUTIONAL PROVISIONS— 

in regard to common schools 294-295 

in regard to school funds 294-295 

in regard to state superintendent 294 



358 INDEX. 

CONSTITUTIONS— - Page 

to be taught in common schools 68 

CONTRACT— WITH TEACHER — 

certificate to be attached thereto. . 48, 184 

shall terminate 48, 184 

to be filed with clerk 48, 184 

what shall be specified in 48, 184 

when not valid 48, 184 

CORRECTION— 

of apportionment 298 



COUNTY BOARD— 

must allow county superintendent's traveling expenses 97, 104 

must allow county superintendent's expenses for stationery and trav- 
eling 97, 104 

to allow certain amount to district for each public charge 274 

to approve bond of county superintendent 97 

to audit bill of expenses of county superintendent ; 97 

to levy school tax upon the towns 300 

to provide for county training school 196-201 

to provide for county agricultural school 202-205 

COUNTY SUPERINTENDENT— 

certificate, examination for 106 

compensation of, fixed by county board ' 96 

eligibility to office 96-104-107 

liability for neglect to make annual report 265 

may accept final normal school standings 78 

may accept transferred papers 75 

may appoint deputy 103 

may countersign high school diplomas 77 

may demand examination in additional branches 74, 75 

may give applicant private examination 102 

may purchase dictionary from state superintendent 273 

may require re-examination 76 

must be allowed actual traveling expenses 96-97 

not to act as agent for author, publisher or bookseller 266 

not to teach, engage in other profession, or absent himself from 

county 104 

removal of, from office 267 

residence and office of 104 

salary may be fixed by statute 96 

salary, supervisor to fix 96 

to annul teachers' certificates 98 

to attend annually one convention of county superintendents 97-103 

to be elected on first Tuesday in April 93 

to be secretary of training school board 196 

to be secretary of board, school of agriculture 203 

to be reimbursed actual expenses in attending county superin- 
tendents' conventions 97-103 

to certify names and numbers of library books selected to county 

clerk 138 

to declare school house unfit for use 100 

to direct school board to make repairs ; . . . 99 

to establish standard of attainments for his county 75 

to examine and license teachers 98 



INDEX. 359 

qOUNTY SUPERINTENDENT — continued Page 
to file notice of annulment of certificate with town and disti'ict 

clerk . .... 'i'9 

to form inspection districts and hold meetings 101 

to furnish information of blind or deaf persons 105-106 

to furnish lists of library boolis to town, city and village clerks. . . . 138 

to give bonds ' 96 

to give notice of complaints against teachers 79 

to give written statements on demand to applicants refused cer- 
tificates 76 

to hold school board convention 102 

to make and keep list of library books .....; 137 

to hold examinations at county seat. • • • • 101 

to hold institute • • 100 

to hold at least one meeting for examination of teachers in each in- 
spection district annually 101-102 

to keep record of moneys paid out 100-101 

to notify county clerk to draw order on county treasurer 138 

to notify district clerks of time and place of meetings for examina- 
tion of teachers 102 

to pay over moneys to successor 270 

to preserve examination papers 75 

to report annually to county board and state superintendent. . . 104-105, 112 

to report number of children to county clerk and county treasurer. . 112 

to select library books 136 

to visit schools 99 

traveling expenses 96-97 

COUNTY SCHOOLS OF AGRICULTURE AND DOMESTIC ECONOMY.. 202-205 

COUNTY TRAINING SCHOOL FOR TEACHERS — 

apportionments 200 

appropriation for 201 

boards provided for 196 

certificates to graduates of 198 

county superintendent to be secretary of board 196 

duty of state superintendent 197-198-199 

how established 196 

inspection of 197 

joint training school districts, cost of, how apportioned 200 

■ - moneys for, how paid 197 

number that may be organized 197 

officers to give bond, to subscribe an oath . 196 

tuition, non-resident, how collected, who may attend. . 200 

vacancies in board — how filled 196 

COUNTY TREASURER— . S 

how to dispose of money uncalled for 299 

to apply to state treasurer for school money apportioned by state 

superintendent 298 

to be treasurer of board, schools of agriculture 204 

to be treasurer of county training schools. 197 

to collect taxes 120 

to give notice to town and city treasurers 298 

COURSES OP STUDY— 

in county schools of agriculture 202 

in county training schools for teachers 198 

in free high schools — shall include certain branches 77, 160 

24— S. L. 



360 INDEX. 

COURSES OF STUDY — continued Page 

in union free higli scliools 77, 160 

in state graded schools 175 

theory and art necessary before liigh school diploma can be counter- 
signed • 77 

DAY SCHOOLS FOR THE BLIND— 

(See Day Schools for the Deaf.) 

special aid for 208 

to give instruction in music and manual training 208 

DAY SCHOOLS FOR THE DEAF — 

annual reports, when due 206-207 

aid for transportation and board 206-207 

apportionment 206 

board of education to have control of 206 

compulsory attendance 207 

duty of inspector 207 

duty of district attorney to prosecute in case of failure to comply 

with the law 208 

in villages and cities 206 

state aid for 206 

teachers of, qualifications approved by state superintendent 206 

DEBTS— 

(See Borrowing Money.) 

how paid — liability for 129 

of dissolved districts, how paid 10 

of school district, tax may be voted for 23 

rates of interest 123^124 

times of payment 121, 122, 123, 124 

DEPUTY COUNTY SUPERINTENDENT— 

how appointed . . , 103 

qualifications of 103 

DICTIONARY — 

money received from sale of, to be paid to state treasurer 274 

to belong to district library 273 

Webster's may be furnished school districts by state superintendent. 272 

DIPLOMA— 

(See State Certificate.) 

DIRECTOR— 

length of term 35 

to appear for the district in all actions 64 

to approve treasurer's bond 64 

to be elected by ballot 18 

to countersign orders drawn by clerk 64 

to file certificate of appeal from judgment 144 

to forfeit sum for countersigning unauthorized orders ' 266 

to prosecute district treasurer 64 

to sue for forfeitures 144, 266 

with clerk to demand additional bond from treasurer 65 

DISTRIBUTION — 

of income of school fund 296-299 



INDEX. 361 



DISTRICT— 

(See School District.) 

DISTRICTS— 

(See School Districts.) Page 

superintendent, county board may divide 95-96 

superintendent, effect upon cities 95-96 

superintendent, wliat sliall constitute 95-96 

DISSOLVED DISTRICT — 

property of 10 



DISTRICT BOARD— 

(District System.) 

(For Township system see Town Board of School Directors.) 

all three members must be present at meeting — when 41-46-47 

board meetings — how held 36 

duty and power to adopt and change textbooks 62 

duty and power to hire teachers 47 

duty and power to permit foreign language to be taught 69 

duty and power to insure school property — to execute note for pre- 
mium 63 

duty and power to make rules for government and conduct of the 

school 49 

duty and power to hire and contract with qualified teachers 47 

may admit non-resident pupils 24 

may consist of seven members 19 

may enter into and organize insurance company to insure school 

building 275 

, may grant use of school house 40 

may levy tax for school purposes 47 

may levy tax for outhouses 46 

may make provision for teaching physiology and hygiene 69 

may permit admission to entertainments to be charged 40 

may provide for kindergartens 69 

must admit non-resident pupils under certain conditions 280 

must furnish all necessary appendages, apparatus, etc 40-41 

must furnish suitable outhouses 46 

must have care and keeping of school property 40 

must hold board meeting on Saturday before annual meeting 11 

must keep the school house in good repair 40 

must present account of expenditures to electors at annual meetings 41 

must provide for at least eight months' school 47 

must purchase suitable record books, blanks, etc., for keeping ac- 
counts and records of the meetings of the electors and of the 

district board 41 

must purchase United States flag and provide for its care 40 

must purchase and care for books furnished under the free textbook 

system 40 

must secure approval of plans for school buildings 284 

of city or village to publish proceedings 37 

terms of office — acceptance of 35, 265 

to consist of three members 85 

to construct schoolhouses with doors swinging outward 268 

(Note. — Doors need not open outward in one-story buildings.) 
to hold regular meeting of board with all members present to make 

purchase legal 41 

to keep buildings in sanitary condition 46 

to provide library catalog cases, cards, etc 31 



362 INDEX. 

DISTRICT BOARD — continued Page 

to provide heating and ventilating apparatus 41 

to provide supplementary readers 41 

to purchase or lease site and erect school house when duly author- 
ized by electors 39 

to report at annual meeting 11 

to screen outbuildings 46 

to visit and supervise school 63 

vacancies — how fiUed^acceptance 37 

vacancies — how filled by election 18 

vacancies— how filled by appointment by remaining members 37 

vacancies — how filled by appointment by town or village or city 

clerk 37 

vacancies — how they may occur 37-39 

(See Note.) 

when and how elected 18-35 

who shall constitute 35 

women may be officers 259^ 274 



DISTRICT CLERK— 

compensation may be voted at annual meeting 28 

length of term. . 35 

liability for neglect to make annual report 265 

may subscribe for Journal of Education 272 

of high school, to make report 152 

of sub-district, duties of 190 

of sub-district, shall be member of town board 190 

of sub-district, shall have charge of school-house 190 

of sub-district to act as secretary of meetings 190 

of sub-district, to give notice of annual meetings. 191 

of sub-district, to report to secretary of town board 191 

shall have access to treasurer's books 65 

to act as clerk at district meetings 67 

to approve treasurer's bond 65 

to be elected by ballot 18 

to call special meetings 12 

to certify to town clerk statement of taxes 119 

to demand additional security from treasurer 65 

to draw orders on district treasurer 67 

to enter mmutes of meetings, etc 67 

to file teacher's certificate of attendance on institute 90 

to forfeit sum for drawing unauthorized order 266 

to furnish school register 67 

to include moneys due new district in statement of tax made to 

town clerk , 9 

to include the name, age and sex of each person of school age resid- 
ing in the district in annual report 108 

to make record of orders drawn 67 

to make report to town, city or village clerk . 108 

to notify persons of election or appointment to office 68 

to post notice of annual meeting. . , 12 

to report amount of money received, sources from which and man- 
ner of expenditure . 109 

to report name and ppstofflce of district officers to town clerk 67 

with director to demand additional bond of treasurer 65 

DISTRICT LIBRARY — 

(See Public School Libraries.) 
fund, how obtained 24, 136 



INDEX. 363 

DISTRICT LIBRAE Y— continued Page 

of adjoining districts may be united 135 

(Note : See List of Boolfs for Townsliip Libraries Issued by 
this Department — 1910.) 

tax may be voted for 24 

title to be vested in district • • ■ • 135 

to be in cliarge of librarian 135 

under townsliip system 142 

DISTRICT MEETINGS — (District System.) 
(See Electors of School Districts.) 

annual, notice for, how given : 12 

annual, when held , 11 

first one, how notified 2 

special, how called 12 

to authorize board to borrow money 24,121-130 

to authorize purchase of test-booka 25 

to be called by town supervisors in certain cases 8 

to determine time school shall be taught 25 

to direct sale of property 23 

to vote tax for teachers' wages 22 

who may vote 13-16 



DISTRICT OFFICERS— 

who shall be 35 

duties of (See District Board.)" 
clerk (See District Clerk.) 
director. (See District Director.) 
treasurer (See District Treasurer.) 

DISTRICT PROPERTY — 

board have care of 40 

how divided on division of district 8 

of dissolved district 10 

sale of, authorized 23, 39, 183 

DISTRICT TAXES— 

assessment and collection 117-120, 187, 188, 195 

for providing free transportation of pupils 25-2T 

how apportioned 187 

limit of, for all purposes 29, 187-188 

limit of, for building, hiring or purchasing schoolhouse 22 

limit of, for district library 24 

limit of, for teachers' wages 22 

to compensate the clerk, director and treasurer 28 

to levy tax to meet indebtedness 23, 121-123 

DISTRICT SCHOOLS— 

(See Common Schools.) 

establishment provided for 295 

tuition ; sectarian instruction 295 

what studies shall be taught in 68-69 

DISTRICT TREASURER — 

length of term 35, 64, 150 

neglect to file additional bond 64 

of free high school to give bond 152 

of free high school to pay out moneys 157 



364 INDEX. 

DISTRICT TREASURER— continued Page 

to apply certain tax to payment of debt 122 

to be elected by ballot 18 

to deliver books, papers and moneys to successor 66, 270 

to execute and file bond 64 

to give additional security when demanded by director and clerk. . 64 

to keep accounts 65 

to pay money on order of clerk 65 

to prosecute for forfeitures in certain cases 266 

to prosecute town treasurer 67 

to receive high school aid 148 

to receive money from town treasurer '. 65 

to report to annual meeting 65 

when selected 18 

who may not be 64 

DIVISION— I : > I 1- '• 

of joint libraries 135 

of property 8 

of school districts 2-3, 5-7, 9, 180, 195 

DOORS— 

to open outwardly 268 

(Does not apply to one story buildings.) 

DUTIES — 

neglect of 119, 265-272 

of assessors 117-119 

of board of regents of normal schools . 217-224 

of board of regents of university 225-233 

of county superintendent • 55, 98-105, 112, 267 

of county treasurer 298 

of district board 35-49 

of district clerk 52, 67-68, 119 

of district director 64 

of district treasurer 65-67 

of electors 18-31, 121-126, 186-189 

of executive committee 184 

of high school board 152 

of voter to sue for forfeiture 54 

of parents and guardians — truancy law 50-51 

of secretary of town board 184-185 

of state superintendent 296, 302-306 

of sub-district clerk 190 

of town officers 1-11, 114-116 

of town clerk 114, 120, 298 

of town treasurer 115, 189 

of truant officers 52-56 

of city superintendent 94-95, 112 

of district attorney 51 

of factory inspectors 56-61 

ELECTION OP OFFICERS— 

at annual district meeting 18-19-35 

of free high school district 150 

of union free high school district on the third Wednesday of March 167 

of sub-district free high school 150 

of sub-district clerk 189 

of executive committee of town board of schoOl directors. ,....,,, 181 



INDEX. 365 

ELECTION OF OFFICERS— continued Page 

of county superintendent 93 

of city superintendent 94 

of state superintendent 294 

of county training scliool board 196 

of county agricultural board 203 

of mining trade school (appointed by governor) 213 



ELECTORS OF SCHOOL DISTRICTS — 

to hold annual meeting 18 

to hold special meeting 12 

to elect officers 18 

to adjourn from time to time 18 

to increase members of school board to seven 19 

to decre'ase members of board from seven to three 31 

to appoint committee to examine accounts of board 20-182 

to designate site for schoolhouse 21 

to levy taxes 22-24, 26-28, 30, 121-123, 170-186 

to authorize the board to borrow money 24-121-130 

to vote for free text books 30 

to provide kindergartens . ; 30 

to alter or modify their proceedings 28 

to authorize purchase or sale of school property 23 

to levy tax to compensate school officers 28 

to give direction for prosecution or defense of suit 28 

to authorize board to provide for transportation and payment of 

tuition 26-28, 183 

to determine length of school terms 25 

to authorize admission of non-residents 24 

to provide additional room and teacher 26 

to vote on expenditures made by district board 41 

ELIGIBILITY— 

to office of county superintendent 92 

to office of city superintendent 95 

EMBEZZLEMENT — 

punishment for 66, 269-270 

what constitutes 66 

EQUALIZATION OF TAXES— 

by town board of assessors 117-118 

penalty for refusing to perform duty 119 

ESTABLISHMENT — 

of county training schools 196-201 

of county schools of agriculture 202-206 

of day schools for the deaf and the blind 206-208 

of free high schools 145-147 

of mining schools 213-216 

of schoolhouse sites 131-134 

of trade schools ,. . 209-212 

of union free high schools 165-166 

EXAMINATION — 

as principal of free high schools 80 

for county superintendents' certificates 106 

for teachers' state certificates ..,..,,.,..,.,......,....., 80-8 J 



366 IN'DEK. 

EXAMINATION — continued Page 

for county teachers' certificates .■ . 71, 79 

in additional brandies 76 

meetings for, liow notified, and wlien iield , 101-102 

of free liigli school teachers 153 

private, granted in certain cases 102 

records of state to be kept 81 

of union free high school teachers ■. 171 

to be examined in what studies 71-73 

EXECUTION— 

when to issue . 143 

EXECUTIVE COMMITTEE — 

of town board of directors, powers of 180 

of town board of directors to employ teachers 184 

to appoint clerk in case of vacancy 191 

EXPrSNDITURE— 

for postage, printing and stationery of county superintendent 97 

of county superintendent for attending convention 104 

of city superintendent for attending convention ; 95 

of district board, how allowed 41 

of members of town board of directors. . 181 

EXPULSION — 

of pupils 49 

FAILURE — 

of electors to vote suflicient money 47, 188 

to maintain school 10, 296, 299 

to perform duty 265-271 

to raise tax, forfeits school fund income 297 

FARM INSTITUTE— 

bulletins of, how to be distributed 141 

PEE— 

may be remitted to residents over twenty 24, 49 

for tuition of non-resident pupils 24, 153-155, 200, 280 



FINES, FORFEITURES, ETC. — 

action for recovery of, prosecuted by director 266 

disposition of 267 

duty of voter to sue for 54, 267 

for countersigning unlawful order 266 

for destruction, injury or removal of state property . . 268 

for distributing obscene books, etc 270-^71 

for disturb'ng school . , 270 

for drawing order for any purpose not authorized by law.. 266 

for entering state grounds ' 269 

for failure to send child to school 51 

for injury to timber 2C9 

for neglect of duty by district officers 265 

for neglect of duty or violation of law . 265-272 

for neglect of officer to deliver records, papers, etc., to his suc- 
cessor 269-270 



IN1>EX. 367 

FINES, FORFEITURES, ETC. — continued Page 

for neglect of teacher to keep register 90 

for neglect to apply to high school officers 152, 171 

for neglect to prosecute for forfeitures. 267 

for official malfeasance ; . . . 269-270 

for refusal of district officer to serve 266 

for refusal of officers to act in case of assessment. 119 

for refusal of town supervisors to carry into effect any decision of 

state superintendent . 266 

for refusal to act as chairman of district meeting. 265-266 

for refusal to notify first meeting in new district 265 

for school officers and teachers acting as book agents. . 266 

for school officers ordering change in text-books within three years 

of adoption 63 

for truant officers 54, 269-270 

in relation to library 135 

of county superintendent for neglect to make annual report 265 

of county superintendent for teaching, etc 104 

of district clerk for neglect to make annual report 265 

of officials for failure to provide for fire-escapes, etc 268 

of town clerk for neglect to make annual report 265 

prosecution for, by voters 54, 267 

FIRE ESCAPES— 268 



FLAGS— 

purchase of 47 



TAXATION— 

of free high school districts 145-147 

of joint districts 5-7-9 

of school districts 1-2 

of township districts 186 

of union free high school districts ;..... 165-166 



FORMS— 

of acceptance of district office 310 

of affidavits in appeal cases 261-262 

of approval to be endorsed on treasurer's bond 320 

of application for establishment of schoolhouse site. . 327 

of awarding property to new district 312 

of application for dictionary 333-336 

of application for state aid for rural schools 342 

of application for alteration of joint school districts 310 

(Chap. 218, Laws of 1905) 

of appointment to vacancy in district 315 

of annulment of teacher's certificate and notice to town clerk 331 

of bond to district treasurer 319 

of call on treasurer for additional security 320 

of certificate of town treasurer to town clerk 324 

of certificate that notice of meeting to establish site has been given 328 

of certificate of establishment of school house site 329 

of certificate of vacancy in county superintendent's office 229 

of certificate to state superintendent of establishment of free high 

schools 338 

of contract between district and teacher 318-319 

of deed of schoolhouse site 316-318 



368 lNiI>B3t. 

FORMS — continued tage 

of determination of relative proportion of taxes in joint district. . . . 325 

of lease of schoolliouse site 316-318 

of notice for special meeting to borrow raoney from trust funds. . . . 314 

of notice of appeal by teacher 263 

of notice for first meeting given by town supervisors 207 

of notice of first meeting to be left at residence of voter 308 

of notice by supervisors for meeting when there is no officer to call 

one 309 

of notice of meeting to alteT district boundaries 310 

of notice for annual meeting 312 

of notice for adjourned district meeting 313 

of notice of special district meeting 313 

of notice of election to school office 314 

of notice of apportionment by town clerk 324 

of notice for meeting of supervisors to locate schoolhouse site 328 

of notice of division of county, and consequent vacancy 333 

of notice of intention to annul teacher's certificate 331 

of notice that the foregoing resolution will be submitted to vote. . 337 

of notice that the foregoing question will be submitted 339 

of petition for submitting question of town system of schools 339 

of order organizing new district 307 

of order organizing joint district 309 

of order altering district boundaries 311 

of order on treasurer for money 320 

of resolution proposing the establishment of high school 337 

of request for special district meeting 313 

of refusal to accept district office 316 

of refusal to accept office on appointment 315-316 

of report of names and postoffice addresses of district clerks 325 

of return of notice for first meeting 308 

of statement by district clerk of tax voted 326 

of statement by district clerks of tax voted by joint district 327 

of school register to be kept by teacher 321-323 

of statement of number of school children in the county 330 

to be furnished officer 113 

when town clerk appoints 316 

FREE HIGH SCHOOL— 

attendance — non-residents 153-154 

board to determine amount of tax 157 

buildings, how provided 157 

clerk to certify taxes levied 151 

clerk to report to state superintendent on manual training 162 

course of study ; qualification for admission 77-78, 153-154 

diploma may be countersigned 77 

district may borrow money 123, 158 

district, officers of 150-151 

examination for establishment of 145 

examination of teachers of 161 

failing to receive aid 159-160 

free to all resident pupils 153 

how established 145 

inspector provided for 305 

in towns, aid to 148, 159-160 

_ , joint district provided for 146-147 

limited state certificate, nor elementary normal school certificate 

shall qualify as prinicpal of 83 

manual training in 161 

may establish manual training department 161 



INDEJt. S69 

FREE HIGH SCHOOL— continued Page 
officers ; powers and duties, how elected in towns, in districts, in 
joint districts, in sub-districts ; board meetings, when and 

where held 150-152 

principal elected city superintendent shall be examined by state 

superintendent 80 

qualifications of principals and assistants 153 

report blanks to be furnished by state superintendent 113 

residents of other districts may attend : 153 

state aid for manual training department 161-164 

state aid to, limited 152-159 

state aid to, may be withheld 159 

supervision of, by state superintendent 160 

theory and art to be taught 161 

to report to state superintendent 159-160 

tuition, how paid ; statement of how made, how collected, in villages, 
in towns ; how collected in town or city not in high school dis- 
trict 154-156 

« 

FREE PUBLIC LECTURES^ 

in cities 284 

FREE TEXTBOOKS— 

question of providing, shall be submitted 30 

GENERAL CHARTER LAW— 251-259 

GENERAL OUTLINE FOR CONDUCTING DISTRICT MEETINGS— . . 31-34 



GOVERNMENT OF SCHOOLS — 

rules and regulations for, to be made by district board 49, 183 

township system of, provided for 180-195 

(See Township System.) 

(See Town Board of School Directors.) 

HIGH SCHOOL— 

(See Free High School.) 

(See Union Free High School.) 

HOLIDAYS— ' 

counted in teacher's time 109 

legal, shall not be counted 90 

no Saturdays to be counted 90 

school taught on holidays not to be counted as two school days. ... 90 

what days may be counted 90-109 



INCOME OF SCHOOL FUND- 

to what shall be applied 295 

how to be distributed 295 

when to be apportioned 296 

to be applied by districts to payment of teachers' wages 299 

county treasurer to apply for 298 

INDEBTEDNESS — 

loan may be voted to refund 122 

of district, to be reported by district clerk 109 



370 INDEX. 

INFANT — Page 

land of, how obtained for school-house site 133 

INSPECTION— 

of cadets, report of officer 282 

of cadets, suspension from 283 

of county training schools 205 

of common schools 302 

of schools for the deaf 207-208 

of state graded schools 173 

of schools of agriculture 205 

of free high schools 205 

of manual training departments in free high schools 162 



INSPECTORS— 

free high schools 305 

rural schools 

state graded schools 175 

schools for the deaf and the blind 207-208 



INSTITUTES — 

attendance on, by teacher without deduction from wages 90 

fund, county, what shall constitute 100 

Instructors must hold certificates from state superintendent....... 100 

instructors, who may not be employed 100 

normal school institute fund 224 

teachers', to be held by each county superintendent 100 



INSURANCE — 

of school property 63 

school boards to form fire and tornado companies 275-280 



INVENTORY OF SCHOOL PROPERTY— 

shall be deposited with clerk . 40 

INVESTMENT— 

of school funds 275 



JOINT DISTRICT— 

assessments in 117 

formation and alteration of 3, 7, 9 

may establish free high schools 146 

may make loan 125 

sub, board of directors to determine cost of schools 186 

sub, clerk of, to be member of board of directors 191 

sub, in which one town has not adopted township system 192 

sub, schools in, how supported 191 

sub, taxes for, how raised 191 

sub, who to have control of 191 

proceedings by town board, in regard to schoolhouse site 133 

JOURNAL OF EDUCATION— 

school officers may subscribe for 272 

town clerk may subscribe for 272 



INDEX. 371 

JUDGMENT— Page 

against school districts, how collected 143 

no execution to issue on . ■. 143 



KINDERGARTEN— 

county certificate may be secured by county examination 86 

diploma from normal school may be made basis for issuance of li- 
cense and state certificate 82 

diploma from other schools may be made a basis for issuance of 

special license or state certificate 85 

may be established in cities of third or fourth class 30 

may be established in districts having graded schools 30 

may be provided in primary grades 68, 256 

. state certificate may be secured by state examination 86 

teachers, legal qualifications of 82, 84-87 



LABOR— 

child, law 56-61 

day 274 



LABOR LAWS— 

age of persons affected 57 

age of. child — how determined in doubtful cases 58-59 

children under 14 may be granted permits to work in certain places 

during vacation 58 

children not prohibited from performing on musical instruments in 
churches or schools or taking part in concert, — festival or mu- 
sical exhibition 59 

children carrying newspaper given special privileges 60 

children physically disabled to work to be refused permits 61 

children not prohibited from being employed at farming 58 

children under 16 years of age not to have charge of any elevator. . 61 
children under 16 not to be employed more than 55 hours in one 

week 60 

children under 16 not to be employed more than 10 hours in one day 60 

duty of commissioner of labor and factory inspectors to enforce law 60 

duty of certain officers to grant permits in certain cases 57-58 

duty of oflicers to refuse to grant permits in certain cases 57-59, 61 

factory inspectors have full power as truant officers 60 

factory inspectors can compel attendance at school 60 

factory inspectors may grant permits 57-59 

factory inspector may require reports from officers granting permit 58 

factory inspector may revoke permit. 59 

kinds of machinery about which children shall not be employed .... 57 

kinds of labor at which children shall not be employed 57-59 

penalty for violation of labor law — how recovered by officer 61 

penalty for violation of labor law by parent or guardian 61 

penalty for officers who failed to perform their duty 269-270 

permit — by whom granted 57 

permit — by whom signed 57 

permit — recommendation for — to be signed by school principal or by 

board of education in certain cases 57 

permit — power to grant can not be delegated 57 

permit — not to be granted to children under 14 58 

permit may be granted to children under 14 to work In certain 

places during vacation 58 

permits — record of to be kept by officer 58 



372 INDEX. ' 

LABOR LAWS — continued Page 
permits — special may be granted to cliildren under 14 in certain 

cases 59 

provisions of labor law — how and by whom enforced 60 

register to be kept by persons employing minors 59 

revocation of permit 59 

unlawful to employ any person under 16 in certain places or occupa- 
tions without permit 60 

workshop, factory and manufacturing establishment defined 61 



LEASE — 

district board may lease house or site 39, 183 

of land of infant for schoolhouse site 133 

form of lease 316 



LIABILITY — 

for allowing child under 16 to use cigarettes or tobacco 272 

for expenses incurred in use of schoolhouse 40 

for injury to schoolhouse 40, 269 

for loans 129 

for payment of loan under township system 195 

of county for public charge 274 

of county superintendent, for failure to make annual report 265 

of district clerk for failure to make annual report 265 

tax to discharge 23 

to removal from office for acting as agent 266 



LIBRAKIAN— 

duties of 185, 141 

of district library, who may be 135, 141 

of joint libraries, how appointed 135 

under township system 142 



LIBRARY — 

(See Public School Library.) 

dictionary shall belong to 273 

fund, how obtained 136 

in incorporated villages and cities of the fourth class 136 

law may be suspended in certain cases 139 

of two or more districts may be united 135 

regulations for. (See Township Library List for 1910.) 

tax for, limited 24 

title to be vested in district 135 

LIMIT— 

to amount of loan 121-124 

to school-district taxes 22-24, 28-29, 187 



LOANS— 

application for, from trust funds, how authorized 125-129 

district may make, on unusual exigency 121 

district may make, to build schoolhouse 121 

for university fund 232 

liability for 129 

payment of, under township system. ...,,.,,.,,,,,.,..,..,.,..., 195 



INDEX. 373 

LOANS — continued Page 

tax levied to pay 129 

to joint districts 129 

to refund indebtedness 122 

to scliool districts, limited, liow paid 124 

to schools under township system 125-126 

when voted, may not be reconsidered 122 



MALFEASANCE— 

official, what is 269-270 



MANUAL TRAINING — 

departments, state aid for 161, 163 

in free high schools 161, 164 

outline of work required 163 

teachers in, to receive certificate from state superintendent 162 



MAP — 

purchase of 23, 41 

railroad, to be distributed by state superintendent 281 

secretary of town board to make, and keep in his office 184 

to accompany appeals 261 

town clerk to make, and keep in his office 114 



MEETINGS — 

annual, when to be held 11 

formal notice of, board meeting when necessary 36 

in certain cases to reduce number of members of school boards to 

three 31 

notice of annual 12 

notice of annual sub-district 191 

of district board, how called 36 

of sub-district, when and where held 181 

of sub-district electors, notice of, how given 191 

of town board of directors 181 

powers of sub-district 189 

report to annual 11 

school district, electors, powers of. ... 18-31 

school district, to adjourn 18 

school district, to appoint chairman, etc 18 

school district, to choose director, treasurer, etc 18 

special 12 

to admit non-residents and fix tuition fee 24 

to authorize board to borrow money 24, 121, 130 

to authorize board to suspend school 26 

to authorize purchase of textbooks, etc 25 

to authorize sale of schoolhouse, etc 23 

to designate site for schoolhouse 21 

to determine length of term, etc 25 

to impose tax to discharge debt 23 

to make provision for prosecution of suit 28 

to modify proceedings 28 

to vote compensation to district clerk, director and treasurer 28 

to vote on free textbooks 30 

to vote tax for site 22 

to vote tax for teachers' wages , , 22 



374 INiDBX. 

MEETINGS — continued ' Page 

to vote tax for maps, etc 23 

to vote tax for district library ■. . 24 

to vote for tuition and transportation of pupils 26-27 

to vote to establisli kindergarten : . . . 30 



MILITARY INSTRUCTION— 229, 282-28S 



MISCELLANEOUS LAWS— WITH PENALTIES— 

county superintendent's liability 265 

county superintendent — may be removed 267 

district clerk's liability 265 

district director's liability 265 

district treasurer's liability 266 

district officers may be removed 267 

failure to provide fire escapes ' 268 

for drawing order unauthorized by law or by the electors 266 

for injury to buildings, etc 268 

for refusal to enforce decision 266 

for recovery of forfeitures 266-267 

officers not to deal in textbooks, etc 266 

town clerk's liability 265 



MONEYS — 

apportioned by town clerk, not paid out 299 

borrowed, use of 122 

collected of defaulting treasurer, tiow applied 64 

collected on forfeitures, how applied 266 

collection and application of division of property 9 

district may authorize board to borrow 24, 121-126 

due new district, how raised 9 

may be voted by school districts 22; 28 

not to be apportioned to towns failing to raise amount required by 

law 296 

not to be apportioned to districts which have not maintained school 

for eight months 298 

of dissolved districts, how disposed of 11 

to county superintendent for examination fee abolished. 105 

to be returned to individuals in certain cases 9 



MONTH— 

school, what shall constitute 90, 299- 

MORTGAGE— 

on school property, may be given as security 121 



NEGLECT— 

of duty 265, 267, 270 

to keep school 10 

NON-RESIDENT — 

admitted to county training school for teachers 200 

may attend nearer school under certain condition 280 

pupils admitted to high schools 153, 15Q 

tuition fee 24, 280 



INDEX. 375 

NORMAL SCHOOLS— 

accounts, how made 220 

additional alteration of buildings, etc 219 

board of regents, how composed 217 

board of visitors 223 

compensation of regents 219 

diplomas and certificates 222 

diplomas and certilicates may be basis for licenses and state cer- 
tificates 83 

disqualification of ofQcers or teachers 218 

donations, collection and application of 220 

final standings from — may be accepted by county superintendent. . . 78 

income 224 

kindergarten diplomas basis for license to teach and may be a basis 

for a state certificate 82 

laws respecting 217-224 

may purchase dictionaries from state superintendent 272 

model schools 221 

objects of 221 

state ta-K ; loans 223 

teachers' institutes, how held ; appropriation for 223-224 

NOTICE— 

for meeting of supervisors to alter school districts 5,7 

for meeting of supervisors to establish school house site 131 

for establishment of free high school 145 

for establishment of union free high school 165-166 

from truant officer to parent of child 55 

In case of neglect of inhabitants to assemble 3 

of alteration of joint school district 3 

of alteration of school district 5-6-7 

of annual meeting 12 

of annual sub-district meeting. . . • 181, 191 

of annual meeting of union free high school districts 169 

of appeal to circuit court 132 

of apportionment of school fund income 297 

of election of union free high school officers 168 

of election to adopt township system of schools 194 

of election to offices 35 

of first meeting of district 2-3 

of meeting of assessors to equalize taxes 117 

of proposition to build union free high school 165-166 

of school board meeting 19, 36 

of special meeting to include object of meeting 12, 181 

of special meeting to borrow money 128-129 

of special meeting of union free high school districts 169 

to vote on township system 194 

to owners of proposed school house site 131 



OATHS— 

(See Affidavits.) 

administered to challenged voter 16 

of office, state superintendent , 302 

of district clerk ■a08 

may be administered by county superintendent 79 

OBSCENE BOOKS— 

penalty for distribution, etc 270-27]r 

25— S. L. 



376 INDEX. 

OFFICERS— 

(See Duties.) Page 

not to act as agents 266 

not to draw up or countersign an unauthorized order. .■ 266 

of common scliool district to be elected by ballot 18 

of county training schools for teachers 189-196 

of county schools of agriculture and domestic science 203 

punishment of — (See "Fines and Forfeitures.") 

removal of 267 

to attend convention . 102 

to make certain reports ' 108-113 

to sue for forfeitures 266 

truant — duties of — (See Compulsory Attendance Law.) 

women may be 259, 274 

ORDERS— f 

clerk to draw 67 

director to countersign 64 

drawn in favor of teachers 68 

of town board — to be filed — when to go into effect 6 

secretary of town board to draw 185 

treasurer to pay money on 65, 185 

ORGANIZATION^ 

of a school district 4 

of county training schools for teachers 196, 199 

of county schools of agriculture 202, 204 

of day schools for deaf and blind children 206-208 

of free high schools 145-146 

of schools in cities of first class. 234-246 

of schools in cities under general charter law 251-259 

of state graded schools 172-176 

of township system ISO, 194 

of union free high schools 165-166 

PAYMENT— 

of loans under township system 125, 126 

of loans under district system 121, 123, 125 



PARENTS, GUARDIANS, ETC.— 

required to send children to school 

(See Compulsory Attendance Law.) 

PENALTIES— 

(See "Fines and Forfeitures.") 

PHYSICAL EDUCATION 274 

PHYSIOLOGY AND HYGIENE— 

provision shall hi made for instruction in 69 

textbooks in, to be approved ". 69-70 

POWERS— 

corporate, of a district 4 

corporate, of a town under township system 180 

of a district meeting 18-31 

of a school board 36, 49, 62-63 



INDEX. 377 

POWERS— continued Page 

of a special meeting 12 

of electors, transportation and tuition 26-27 

of electors lS-31, 170, 186, 189, 194 

of subdistrict meeting 189 

PROCEEDINGS— 

by joint districts in regard to scliool house site . 133 

irregularities in, in attempt to establisli townsliip system 195 

of district meeting may be altered or modified 28 

of supervisors, etc., in forming and altering scliool districts 

of supervisors, etc., in forming and altering scliool districts 1-11 

PROPERTY— 

condemnation of — by inspectors 285 -286 

condemnation of — by county superintendent 100 

division of 8 

for basis for loan from trust funds 124 

of a district, to be in care of board 40 

of dissolved district 10 

of scliool district may be sold 23, 183 

pei'sonal, taxable for school purposes 117 

public — injury to — penalty for 268 

PROSECUTION — 

of action in which district may be interested , 28, 64 

of county treasurer for recovery of money 115 

of town treasurer for recovery of money 67 

by voter, of action for forfeiture 54, 267 

STATE PUBLIC SCHOOL — 

admission of deformed children 281. 



PUBLIC SCHOOL LIBRARIES— 

adjoining districts may unite 135^ 

books to be distributed among school districts by town clerk 139' 

books to be purchased annually by county superintendent 137 

committee to make contract 140 

county and city superintendent to notify county clerk each month.. 138 

county clerk to draw order on county treasurer. 138- 

county treasurer to pay company furnishing books 138- 

duplicate copies of list to be furnished to the book firm 138'' 

farm institute bulletins 141 

librarian, who shall be 135, 142 

money shall be withheld from school fund income in each town to 

purchase 136 

operation of the law may be suspended 139 

regulations concerning — 

(See Township Library List for 1910.) 

town clerk to compare lists of books ordered and furnished 138 

town clerk to distribute library books 139 

PUPILS— 

expulsion of 49 

transportation of 26-27, 183 

non-resident may attend school 24, 280 

non-resident may attend free high school 153-156 

non-resident may attend county training school 200 



378 INDEX. 

QUALIFICATIONS— 

of kindergarten teachers 82, 84-87 

of teachers generally 71-89 

of free high school teachers 153 

of union free high school teachers 153 

of manual training teachers 82, 162 

of county training school teachers 198 

of county agricultural school teachers 205 

of institute conductors 100, 105 

of city superintendent 95 

of county superintendent 92 

of voters 13-18 



RAILROAD MAPS— 

to be distributed to schools 281 



REAL ESTATE— 

district may hold 4 

taxes on, how assessed and collected 117-120 

valuation of 117-120 



RECORDS— 

lost, restoration of 5 

of school, district, to be kept by clerk 67 

of proceedings to be kept by secretary of town board of school di- 
rectors 184 

of proceedings of sub-district 190 

of attendance of pupils to be kept by teachers 54, 90 



RE^EXAMINATION- 

of applicants refused certificates by county superintendents 74,76 



TIEFUSAL— 

of assessor or other town officer to equalize tax 119 

of certificate by county superintendent 76 

of public officer to deliver moneys, records, etc., to successor...... 270 

of school district office, in writing 35 

of town board to carry into effect decision of state superintendent. . 266 

of officers generally 269-270 

of taxable inhabitant to perform certain duties 265 



REGISTER— 

neglect to keep, forfeits wages 90 

to be furnished teacher by district clerk or secretary , 67, 186 

what to contain, etc 321-323 



REGULATIONS AND RULES— 

district board to make 49 

prescribed by state superintendent for libraries — 
(See Library List for 1910.) 

relating to appeals 260-264 

relating to examinations — county 98-99, 101 

relating to examinations — state 80-81 

relating to state certificates 80-89 



INDEX. 379 



REMOVAL— Page 

of city superintendent 94 

of county superintendent 267 

of district officers for neglect of duty 267 



REPAIRS OP SCHOOL HOUSES — 

county superintendent to direct lOO 

district board to attend to 40-41, 46, 183 

state inspectors to direct 285 

tax to be voted for 22, 183 



REPORTS— 

blanks to be furnislied to state graded scliool officers 175 

blanks for annual reports of school census, etc., to be furnislied by 

state superintendent 113 

blanks to be furnislied by county superintendent 53 

blanks to be furnished by truant officers or superintendent 54 

blanks to be furnished by state superintendent to high school officers 161 

of board of visitors of normal schools 223 

of city superintendent or clerk to state superintendent 112 

of county superintendent to state superintendent. 100 

of county superintendent to county clerk 104 

of county superintendent to county board 100 

of county superintendent to truant officer 55 

of district clerk to town, village or city clerk 108 

of district clerk — what to show 108-109 

of district clerk to town treasurer 67 

of district treasurer to electors at annual meeting 65 

of free high school clerk to state superintendent 152 

of free high school in cities not under county superintendent 152 

of free high school boards for state aid 159 

of manual training departments 162 

of union free high school JDoard to annual meeting 169 

of union free high school board to state superintendent to be made 

as free high school reports, etc., are made 171 

of state graded schools to state superintendent 174-175 

of county training schools to state superintendent. 197 

of board of joint county training schools to be made to county clerk 200 
of board of joint county schools of agriculture and domestic science 204 
of secretary of board of county schools of agriculture to state su- 
perintendent 203 

of day schools for the deaf 206 

of inspector of day schools for the deaf to state superintendent. . . . 207 

of day schools for the blind 206 

of board of mining trade school to report to county clerk 215 

of town clerks to report to county supei-intendent 111-114 

of town clerks — what to contain Ill 

of committee to examine accounts of school board 20 

of committee to examine accounts of town board of school directors 182 

of secretary of town board of school directors to board of supervisors 185 

of secretary of town board of school directors — what to show. ..... 185 

of secretary of town board of school directors to county superin- 
tendent 187 

of clerk of sub-district — what to contain — when and to whom made. 190 

of state superintendent to the governor 304 

of town, village or city clerk showing kind and number of library 

books received 138 



380 INDEX. 

RESIDENCE— , Page 

of children 108, 111-112, 186, 190 

of county suporintendent 104 

of voter, how determined 14-19 

RESIDENTS^ 

who shall be deemed, for school purposes 108, 187, 274 

(See Note, pp. 24-25.) 

for voting purposes 13-18 

RULES — 

may be made by district board 49 

respecting appeals 260-264 

RESTORATION— 

of lost records 5 

REVOCATION— 

of state certificates 84, 88, 107 

of other certificates 79 

RURAL SCHOOL INSPECTOR— 

duties of ■ 34i5 

to be appointed 346 

to hold conference with school officers 346 

SALARY — 

of city superintendent 95 

of county superintendent 96-97 

of district clerk, director and treasurer provided for 28 

of members of executive committee, township system 182 

of secretary town board of school directors i. . . 182 

of state superintendent 305 

SALE— 

of school property 10, 23, 39, 188 

SCHOOL— 

additional teachers for .- 26 

attendance at, compulsory .* 50-52 

county training for teachers 196, 201 

definition of 103 

for the blind r 208 

for the deaf 206-207 

neglect to keep 10 

of agriculture and domestic economy 202-205 

SCHOOL BOARD— 

(See District Board.) 

SCHOOL BOOKS— 

annual meeting must vote on free textbooks 30 

boards in cities may purchase 62-63 

city and village boards of education may adopt 62-63 

district board may purchase, for indigent pupils 41 

district board shall determine what shall be used 62 

district board may authorize board to purchase 25 

who not to deal in '266 



INDEX. 381 

SCHOOL CENSUS— Page 

when to be taken ^ , 108 

when to be reported by district clerk 108 

when to be reported by town, village or city clerk Ill 

when to be reported by county or city superintendent 112 

whom to include 108, 111, 190 

how taken and reported by district clerk in joint districts.' 110 

how reported under township system 186-190 

STATE CERTIFICATES — 

diploma from high schools may be countersigned by county superin- 
tendent 77 

diploma from Milwaukee high school may be countersigned 84 

diploma from normal school kindergarten may be basis for issuance 

of special license and state certificate 82, 85 

diploma from regular courses of Wisconsin state normal schools, etc., 
may be made basis for issuance of special license or state cer- 
tificate 83, 222 

diploma from regular courses of other state normal schools, etc., may 
be made basis for issuance of special license or an unlimited 
state certificate ; 81-82 

diploma from regular courses of Wisconsin state university, etc., may 
be made basis for Issuance of special license or an unlimited 
, state certificate 82-83, 230 

diploma from regular courses of other universities and colleges, etc., 
may be made basis for issuance of special license or an unlim- 
ited state certificate 83 

diploma from manual training and domestic science deparments. . . . 82, 87 



STATE GRADED SCHOOLS — 

application for aid, amount of 173-174 

apportionment of aid to 174 

average daily attendance required 172 

classes of 172 

course of study, reports 175 

equipment required 173 

inspectors for, how appointed, duties 175 

length of school year 172 

number of such schools limited, cities excluded. 175 

qualification of teachers in 172 



SCHOOL DISTRICT — 

accounts must be examined 20, 182 

alteration of 2, 3, 5, 7 

alteration of. In town and village 9 

boundaries not to be changed under certain conditions 129 

contract with : 4 

corporate powers of 4, 180 

extinguishment of 10 

formation and alteration of, under township system 180 

high school district joint 146 

how formed 1, 2, 3, 5, 6, 7, 180 

joint, how formed 3, 7, 9 

judgment against, how collected 143 

loan limited, how paid 124 

may authorize district board to borrow money 24, 121-130 

may have board of seven members 19 

may receive state aid for graded schools 174 

meetings, annual, when to be held 11 



382 INDEX. 

SCHOOL DISTRICT— continued Page 

name 4 

notice for annual meeting of 2, 3, 11 

notice for first meeting of. ... 2, 3 

notice for special meeting 12 

not to be altered so as to leave indebtedness exceeding fire per 

eSntum valuation 1 

not to be changed between first day of December and first day of 

April following 6 

number must not be changed 6 

officers of, to file written acceptance of office 4 

officers of 85 

powers of 18-31 

property of, dissolved 10 

qualification of voters in 13-17 

size of 1 

to consist of contiguous territory 1 

under township system, what shall constitute 180 

when to be considered organized 4 

SCHOOL FUNDS— 

investment of 275 

(See School Fund.) 

(See School Fund Income.) 

SCHOOL FUND INCOME— 

apportionment of, by state superintendent 296, 300, 304 

how distributed 296, 300, 304 

may be withheld i 296 

to be used in payment of teachers' wages 68, 299 

SCHOOL FUND— 

distribution of income of 295 296, 298 

tax for 295 

what constitutes 294 



SCHOOL HOUSE— 

board shall have care of 40 

compensation to be made for site of '. 132 

district board to provide appendages for 40-41 

kept in repair 40 

may be declared unfit for use 100, 285-286 

may be sold 11, 23, 39, 183 

purchase of 3& 

repairs on, may be ordered by state inspector 285 

site of, how designated and established 21, 131 

site of, quantity of land 133 

tax to build, how limited 22 

town board of directors shall have care of 181 

use of for public meetings 40 

SCHOOL MONTH— 

what shall constitute 90, 29& 

SCHOOL REGISTER— 

teacher shall keep 90 

to be furnished by clerk or secretary and kept by teacher 67, 186 

what to contain, etc 90, 186, 321-322 



INDEX. 383 



SECRETARY — " Page 

and superintendent in cities 94-95, 239-240, 256 

SECRETARY OF TOWN BOARD OF SCHOOL DIRECTORS— 

to assist in regard to libraries 142 

to be free higb school clerlj 151 

to certify to town clerk estimate of expenses 186 

to certify record of changes in sub-districts to clerlj 184 

to draw orders on town treasurers 185, 191 

to f umisli school registers 186 

to have supervision of schools 185 

to make itemized estimate of amount necessary for support of schools 186 

to make map of town and sub-districts 184 

to report to board of town supervisors 187 

to report to county superintendent 186 

SECTARIAN INSTRUCTION— 

textbooks, inculcating, not to be used 63 

prohibited 295, 302 



SITE OF SCHOOL HOUSE— 

buildings, etc., provided for by electors — township system 183 

designated by electors 21 

compensation to be made for. . . ." 182 

how established 21, 181, 132 

infant's land, how obtained 133 

purchase or lease of by district board 39 

quantity of land when condemned 183 

tax for 22 

to revert to original owner — when 183 

SPECIAL DISTRICT MEETING — 

notice for 12 

powers of 12 

SPECIAL LICENSES— 

(See State Certificates.) 

may be granted on diplomas from accredited institutions 81-88 

may be granted on diplomas from university of Wisconsin and Wis- 
consin normal schools . 81-85 

STANDARD— 

. of attainments of teachers 75 

STATE BOARD OP HEALTH — 

to join with state superintendents in approval of textbooks in phys- 
iology and hygiene 69 

STATE SUPERINTENDENT — 

and assistants, shall not act as agents, etc ' 266 

assistants, clerks, etc 305-306 

authorized to grant state certificates based on diplomas from state 

university and normal schools 81-83 

authorized t6 grant kindergarten certificates 82-85 

duties of 302-305 

how chosen, powers and compensation 394 



_384 INDEX. 

STATE SUPERINTENDENT— continued Page 
may examine principals of higli schools, who shall be elected city 

superintendent 80 

may grant certificates to day schools for the deaf .... 

may grant certificates to teachers of county schools of agriculture. . 205 

may grant special licenses for limited period 88 

may grant special certificate 88 

may grant special licenses on recommendation of state board 87-88 

may issue certificates on re-examination 76 

may purchase dictionaries 272 

may require statement of whole number of children residing in any 

district 108 

may revoke state certificate 84, 88, 107 

not to apportion money in certain cases 297 

oflice provided for 306 

term and oath 294-302 

to advise with county superintendents as to standard of attainments 

- for county 75 

to appoint agents to conduct institutes 305 

to appoint board of examiners 80 

to appoint county superintendent in certain cases 95 

to appoint inspector of schools for deaf . . . .... 

to apportion aid to free high schools. 148, 159, 171 

to apportion the school fund income 296-297, 300, 304 

to approve courses of study for commercial schools in certain cases. 275 

to approve maps, charts and school apparatus 40-41 

to approve qualification of teachers of deaf and blind children 206, 208 

to approve textbooks in physiology and hygiene > 69 

to approve the qualifications of principals and assistants of high 

schools 153 

to approve plans for school buildings 284 

to certify aid to training schools for teachers 198 

to certify aid to schools of agriculture and domestic economy 203 

to certify aid to schools for the deaf and blind 206 

to certify apportionment of school fund income to secretary of state 300 

to certify manual training departments to secretary of state 161 

to certify to expenses of board of examiners 81 

to collect books and school apparatus 304 

to decide appeals 304 

to designate counties in which teachers' institutes shall be held. .. . 223 

to distribute railroad maps 281 

to establish standard of qualifications for and grant certificates to 

teachers in manual training departments 162 

to furnish amendments to laws 113 

to furnish blanks for reports of free high schools 160-161 

to furnish county superintendent certificate of attendance on con- 
vention ; 103 

to furnish library record books 141 

to furnish oflicers with blanks for annual reports 113, 303 

to give information and assistance to manual training departments. 162 

to give notice of apportionment to county clerk and treasurer 297 

to grant certificates to commercial schools in certain cases 275 

to hold one convention of county superintendents each year. ...... 305 

to hold one convention of city superintendents in each year 95 

to inspect schools 302 

to issue certificates to graduates of University of AVisconsin and Wis- 
consin normal schools 81-83 

to issue circulars and bulletins of information , 302 

to issue county superintendents' certificates 106 

to make record of state certificates 80 

to make rules for the government of institutes 305 



INDEX. 385 

: STATE SUrERINTENDENT— continued Page 

to notify school officers of neglect to make report 298 

to pa^ to state treasurer money received from sale of dictionaries 273 

to prepare and furnish list of books 136, 302 

to prepare and furnish courses of study 303 

to prepare a report to the governor 304 

to prepare a course of study for free high schools 160 

to prescribe rules for libraries 303 

to prescribe rules for state examinations SO 

to print, index and distribute laws relating to schools 113, 303 

to prohibit use of sectarian books 302 

to render account of dictionaries sold in report to governor 274 

to suspend library law... ." 139 

with state examiners may determine additional branches for un- 
limited state certificates 80 



STATIONERY— 

purchase of, bj^ board 41 

to be provided by county board of supervisors for county superintendi- 

ents 96 



STUDIES— 

in which applicants for certificates are to be examined 71-73, 81 

in which principals of free high schools are examined 153 

music and manual training for schools for the blind 208 

physiology and hygiene 69 

theory and art of teaching in free high schools 77, 161 

what shall be taught in district schools 68 

SUB-DISTRICT— 

(See Townsliip System.) 

SUB-DISTRICT CLERK— 

appointment of ' 191 

election of 189 

■duties of 190 

to act as secretary of meetings 191 

to be a member of town board of school directors 190 

to certify sum necessary for payment of indebtedness 195 

to give notice of annual meeting , 191 

to have charge of schoolhouse 190 

to report to secretary of town board of school directors 190 

SUIT — 

against district, director to defend 64 

district to give direction for prosecution or defense of 28 

SUMMER SCHOOL— 

of science 233 

SUPERINTENDENT — 

of cities 94-95, 257 

(For powers and duties generally, See County Superintendent.) 

SUPERVISORS— . ^ 

(See Town Board of Supervisors and County Board of Super- 
visors.) 



386 INDEX. 

TAXES— 

annual school 295 

apportionment of, under township system for buildings, etc 193 

assessment of district 117-120 

collection of, in joint districts where one town is not under town- 
ship system 188, 192 

deficiency in 47, 188 

district clerk to deliver statement of, to town clerk 119 

for expense of transportation of pupils . 26-27 

for maintaining free high schools 157 

for furnishing free textbooks 25-30 

for maintaining union free high schools 171 

for instruction of pupils in another district 26-28 

for library, limited . • 24 

for normal schools 223 

for payment of teachers' wages 22 

for purchase of apparatus 23 

for purchasing town free high school sites and buildings 157 

for schoolhouse and site, limitation of 22 

for university 232 

limitation on 22-24, 29 

not to be voted at special meeting unless three fourths of legal vot- 
ers are notified of the meeting 12 

school district, on what property to be assessed 117 

school fund, apportionment 296-201 

special, in cities of third and fourth classes 124 

(See Borrowing Money.) 

to be authorized by town clerk 187 

to be assessed by town clerk , 120 

to be raised by towns and cities for support of schools 296 

to discharge debts (See Borrowing Money.) 23, 129 

to pay judgment against district, how assessed and collected 143 

to raise money due new districts, how assessed 99 

town treasurer to collect and pay to district treasurers 115 

validity of, under irregular proceedings 195 

TEACHERS— 

(See Qualifications.) 

additional, in certain cases ' 26 

certificates may be annulled 79, 82, 84 

contract to "bs in writing 47, 184 

examination fee abolished , 105 

tax for wages of, limited 22 

to be examined and licensed 71, 81-87 

to forfeit wages for neglect to keep register . . . . ; 90 

to keep register 90 

to maintain order in school 44 

to report to district and county superintendent 90 

to report attendance, etc., to county superintendent, penalty for 

neglect to make report 53, 54, 90 

to teach elements of agriculture 68 

wages to be paid from school fund income 68 

TEACHERS' INSTITUTES— 

appropriation for 224 

conductors — who may be 100-101 

county Institute fund 100 

how held and conducted 223 

teachers may be allowed to attend 90 

to be held by county superintendent 100 



INDEX. 387 

TERMS— Pag'e 

of school, may be fixed by vote of district 25 

TEXT-BOOKS — 

adoption of, iii cities 62 

board to select 62 

choice and change of 62-63 

county uniformity of — how secured 287-292 

free text books — to be voted upon 30 

in cities of the first class — not to be changed for 5 years 239 

in cities under general charter — not to be changed for 5 years. . . . 256 
in physiology and hygiene, approved by state superintendent and 

board of health 69 

list of, adopted, not to be changed for three years 62-63 

may be furnished free to children 30, 63 

penalty for changing adopted books 63 

purchased by board in cities, on what conditions 63 

purchase of, authorized 25 

shall not inculcate sectarian ideas 63, 302 

to be loaned pupils 25 

to make li^t of, file with the clerk, and post in the schoolhouse. ... 62 

TOWN BOARD OF SCHOOL DIRECTORS— (Township System) 

apportion tax for buildings 193 

compensation of secretary 181 

executive committee, how constituted 184 

may arrange for transportation of pupils 183 

may provide school sites, buildings, etc 183 

may repair school property 183 

may sell schoolhouse and site when no longer needed 183 

meetings, when and where held, notice of 181 

ofllcers of 180-181 

powers of 180, 184 

secretary's duties 184 

secretary or president of, to call special meetings 181 

shall have care of schoolhouse '. 181 

to determine amount of money necessary for support of schools. . . 183 

to establish, maintain and supervise schools 183 

to have powers of district boards 3 84 

to levy tax when electors fail 188 

to make rules and regulations for schools 183 

who shall constitute 180 

TOWN BOARD OF SUPERVISORS— 

to allow certain amount to district for each public charge 274 

to call meeting of districts having no officers 8 

to certify, in certain cases, a larger tax than is named in the law 22 

to change school district boundaries. . . .• 2 

to condemn land for school site and fix compensation. 132 

to consolidate districts 1 

to determine proportion and amount of property due new districts 8 

to dissolve school districts and dispose of property ~ 8 

to establish a school house site 131 

to forfeit sum for neglect or refusal to carry into effect decision of 

state superintendent 266 

to form joint districts 3-7 

to form school districts 1 

to give notice to taxable inhabitant to call first district meeting. . S 
to give notice to district oflicers of formation of district or altera- 
tion of boundaries 5 



388 INDEX. 

TOWN BOARD OF SUPERVISORS— continued Page- 
to give notice to owners of schoollionse site 131 

to make an order when a district is formed or changed 2 

to meet with village board or common council 9 

to number school districts 6-7 

to present estimates to electors at town meeting when schools are 

under township system 186 

TOWN CLERK — 

certificate of appeal in condemnation proceedings to be filed with.. 144 
liable to removal for refusal to carry into effect decision of state 

superintendent 266- 

liability for neglect to make annual report 265 

may subscribe for Journal of Education 275 

to apportion free high school tax , 157 

to apportion school moneys 298-29& 

to apportion sums voted 187 

to assess amount of judgment against district 144 

to assess taxes 120- 

to compare library books received with list and report to county 

superintendent 138 

to deliver to district clerk statement of valuation of property in 

joint districts 114 

to distribute library books to school districts 139 

to file reports and papers 114 

to fill vacancy in district board 37 

to include in taxes sum certified by clerk or secretary of school 

board 1 47, 189 

to make a map of town 114 

to make records concerning school districts 114 

to post notice of vote on township system 194 

to re-apportion money not called for in a year 299- 

to report name and address of himself and district clerks to county 

superintendent 114 

to report to county superintendent 111-114 

TOWN CLERK — 

to see that district clerks make correct reports 114 

to call meeting of district clerks . 109 

TOWNSHIP LIBRARY— 

(See Public School Libraries.) 

TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT— 

board to make rules and regulations 183 

board to provide school buildings, etc 183 

cannot be abolished for two years 194-195 

cities and villages exempt from operation of this law 194 

compensation of president and vice-president 182 

compensation of secretary of board 181 

committees to examine accounts of board of directors 182 

duties of executive committee 184 

electors of incorporated villages may vote on 193-194 

free high school board, who shall constitute 151 

irregularities in proceedings in regard to taxes ' 195 

limitation of taxes ; 187-188 

loans to schools undev 125 

may be voted on 194 

meetings of town board of directors 181 



INDEX. 389- 

TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT— continued Page 
members of board of directors to be reimbursed expenses In attend- 
ing meetings . ISl 

members of executive committee 1S2: 

order to aboiisli township system 195 

of school government 180-195 

special meetings of town board of school directors — how called.... 181 

sub-districts, how formed. ISO 

who shall be librarian under 142 



TOWN TREASURER— 

prosecution of, by district treasurer 67 

to apportion moneys received through liability to school oflacers. . 265 

to be high school treasurer under township system 152 

to certify amount paid by him to districts previous year 115 

to certify to town clerk amount of school money in his hands 115 

to pay money on order of president or secretary of town board. . . . 189 

to prosecute county treasurer 115 

to receive and pay out school money 115, 187 

TRANSFER— 

of deficiency in county school tax 296-297 

TRANSPORTATION — 

electors to vote tax to cover expense of 26, 183 

of pupils 26-27, 183 

special aid for '. 345-346 

TRUANT — 

(See Compulsory Attendance Law.) 

oflBcers, compensation for 56 

TRUST FUNDS — (See Borrowing Money.) 

TUITION— 

electors to vote tax for - 26, 183 

fee for non-resident pupils 24, 26-27, 280 

fee for non-residents attending training schools 200 

in district schools 295 

in free high school, how paid in certain cases 153-156 

in normal schools 222 

in university 230 

UNION FREE HIGH SCHOOLS— EST.IBLISHMENT OF— 

annual meeting of electors 168 

electors, powers of, who may be 13-14, 170 

effect of organization of union free high school district upon exist- > 

ing ordinary high school district if there be one 167 

incorporation of a village or city does not affect organization 171 

notice of union meeting 169 

officers of union district, how elected 167 

result of vote, how certified 167 

special meeting how called 16& 

taxes levied by board when electors fail to provide 171 

taxes — how collected 171 

union high school district board meetings 169 

union free high schools to be conducted under the rules and regula- 
lations governing the management and conduct of other free 

high schools 171 



390 INDEX. 

UNION FREE HIGH SCHOOLS— ESTABLISHMENT OP— continued Page 

vote upon organization 167 

vacancies in board — liow filled 171 

when territory is in one town 165 

when territory is in two or more towns 166 

when territory includes an incorporated village and outside territory 166 



UNIVERSITY — 

accounts to be examined 229 

board of regents ; how composed 225 

diploma may be countersigned. (See State Certificates) .'.... 82-83 

funds for support of 230-232 

graduates entitled to certificates 82-83 

income, use of 227 

laws in relation to . 225-233 

may purchase dictionaries from state superintendent 273 

military instruction 229 

object and departments . 228 

establishment of 225 

open to both sexes 229 

other colleges may be added 227 

powers of board ; oflicers 225 

president of 228 

regents' expenses 233 

reports and printing . ; 227 

summer school of science 233 

tax for, and appropriation of part ; loans 232 

the observatory 233 

tuition 230 

two branch agricultural experiment stations to be equipped 233 



yACANCY — 

in county training school board — how filled 196 

in county agriculture school board 203 

in oflice of town board of directors 182, 191 

on school board 37 

what may cause (See Note.) 37, 39 



VALUATION— 

of district property, how determined 8 

of district property when change is made to township system 191,193 

of property in joint districts, to be equalized by town assessors. . . . 117 

of realty 117 



VIOLATION— 

of law by public officer 269-270 

(See Penalties) 265-272 



VISITING SCHOOLS— 

by deaf school inspector 207 

by high school inspector 305 

by inspector of day schools for the blind 207 

by state graded school inspectors 173, 175 

required of school officers 63, 99, 161-162, 185, 303 



INDEX. 391 

VOTERS— - Page 

may prosecute action for recovery of forfeiture 55, 267 

may vote on township system ;' 194 

separate ballot Doses for 16 

to reside in district tliirty days 13, 14, 16 

who may be 13-18 



WAGES OP TEACHERS— 

state school fund to be applied in payment of 67, 299 

tax voted to pay 22 

to be specified in contract 47 

when forfeited 90 



WEBSTER'S DICTIONARY— 

forms of application for 333-336 

how distributed 272 

state superintendent may purchase 272 



WOMEN — 

eligible as school officers 259, 274 

may vote 13-14 

26— S. L. 



m 



"•*&L- 



